Category: Municipal Law

Is Chalking Tires an Unconstitutional Search?

Sixth Circuit Court of Appeals Panel Declares the Common Parking Enforcement Practice of Chalking Tires an Unconstitutional Search… Seriously?! The transcript below is a slightly edited version of a chat amongst Rudman Winchell colleagues regarding this case and the implications it may have for Maine municipalities and parking ticket enthusiasts. SWW (Stephen W. Wagner): Last …

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Can Municipalities Make a Profit From Tax Lien Sales?

Can a Municipality Make a Profit by Selling my Property After a Tax Lien Foreclosure? Prior to 2015, the answer was always yes. Regardless of the amount received at the sale, any proceeds on properties sold in a tax lien foreclosure belonged to the municipality. If your outstanding taxes and fees were $5,000 and the …

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LUPC VARIANCE

            The State legislature created the Maine Land Use Planning Commission (LUPC) formerly known as the Land Use Regulatory Commission (LURC) by statute entitled 12 MRSA Chapter 206-A Land Use Regulation.  The LUPC is charged with interpreting, applying and enforcing Maine’s Comprehensive Land Use Plan for Maine’s unorganized and deorganized territories including plantations and townships. …

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Jurisdictional Limits of Municipal Police Officers

The jurisdictional limits of municipal police officers is a topic that is often speculated about, with little clarity as to whether or not the police officer from the next Town over may pull you over and cite you for a traffic violation.  As with many legal questions, the answer is not a simple yes or …

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Court’s decision in Beal v. Town of Stockton Springs, 2017 ME

The Town of Stockton Springs, a Rudman Winchell client, was successful in a recent Law Court case challenging the result of a municipal dangerous building proceeding. Appellant Holly Beal owns a home in Stockton Springs.  Following neighbor complaints, a code enforcement officer inspection and unsuccessful discussions with Ms. Beal, the Town initiated a dangerous building …

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Question 1 and Tax Expenditures

Today (November 3rd), Maine’s voters will determine the fate of ballot question number 1 which, if enacted, would expand and provide additional funding for Maine’s “clean elections” law. The funding mechanism for the additional estimated $3 million per year in State expenditures for clean election candidate campaigns is not described in the official ballot question. …

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