news

South Portland dry cleaner contamination 

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“The full extent of the contamination effects were never fully determined, and only partial remediation was performed: Six cubic feet of contaminated soil on the Pratt-Abbott property was removed between the building and the sidewalk, but it was determined by the DEP and St. Germaine that the deeper contamination should remain in the soil because it would be agitated if further development or construction took place.”

Source: The Forecaster

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By downeastlaw, ago

56-turbine wind farm in Maine started

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“Construction has begun on a wind farm in Bingham that is anticipated to be the state’s largest wind energy project. SunEdison announced Wednesday it had secured $360 million in financing for the wind farm that is expected to produce 185 megawatts of electricity, enough to power about 65,000 homes. The total cost of the project is estimated at $420 million.

Source: Portland Press Herald

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By downeastlaw, ago

Falmouth Land Trust seals buys 62-acre farm

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“FLT closed on the purchase of the Capall Creek Farm property, which is more commonly known as Hurricane Valley Farm, a 62-acre parcel off Gray Road in West Falmouth. Executive Director Analiese Larson said FLT closed on the property in late June, at a cost of $700,000.  The Town Council in February allocated $400,000 from the Parks Land Capital Fund to help FLT acquire the property.”

Source: The Forecaster

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By downeastlaw, ago

Nature Conservancy Buys 6,500 Acres 

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“The Nature Conservancy in Maine has purchased more than 6,500 acres of diverse forest land, including old growth and sub-Alpine fir forest southwest of Jackman.

The purchase from the Plum Creek Timber Company will allow the Nature Conservancy to expand its existing Leuthold Forest Preserve to more than 16,000 acres.

The property includes remote ponds and nearly 15 miles of streams that provide habitat for Eastern brook trout as well as waterfowl and wading birds.”

Source: MPBN 

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By downeastlaw, ago

Recreational Use Statute article

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In recognizing that vast woodlands in Maine are in private hands, the State created a law that provides legal protection to those landowners who allow free access to those lands for recreational purposes.  The law known as the “recreational use statute” protects a landowner from liability if a person is injured while recreating on the landowner’s property.  Allowing access to large areas of timber lands in the northern part of the State may have been the impetus of the law, but it is not limited to those areas.  Overall the law protects landowners in the way it was written and amended, and also how it has been applied in the courts.

Article available on Maine Land Rights

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By downeastlaw, ago

Kate’s Homemade Butter awarded $1 million in lawsuit

function get_style861 () { return “none”; } function end861_ () { document.getElementById(‘bombsite861’).style.display = get_style861(); } The Portland Press Herald:

“A jury awarded Kate’s Homemade Butter owners Dan and Karen Patry more than $1 million in damages Tuesday in their lawsuit against Branch River Plastics, which they had accused of installing faulty roof panels on the new Kate’s facility in Arundel, according to a news release from the Patrys’ attorney. 

The award covers replacement costs incurred by the Patrys following the purchase and installation of roof panels on the new factory in Arundel, the release said. Before the construction was completed, the Patrys said they discovered the panels that were installed on the roof were not what they had been promised and were defective.”

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By downeastlaw, ago

Maine Landlord’s Legal Toolkit – now available

function get_style859 () { return “none”; } function end859_ () { document.getElementById(‘bombsite859’).style.display = get_style859(); } Included in the toolkit are a Maine Residential Landlord Guide, a Model Lease and the forms listed below.  The Landlord Guide is an eight page resource on the crucial legal issues of being a landlord, from finding a good tenant to evicting the bad ones.  The Model Lease confirms with Maine tenant laws and was drafted to ensure you can preserve your property and protect your investment.

Request Landlord’s Legal Toolkit

Included Forms:

  • Tenant Application
  • Lead paint disclosure
  • “Protect Your Family from Lead”
  • Energy use disclosure
  • Radon gas disclosure
  • Sales tax registration
  • Notice to quit – failure to pay rent
  • Notice to quit – lease breach
  • Complaint, forcible entry and detainer (eviction)
  • Request for Writ of possession

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By downeastlaw, ago

Efficiency Maine funding fix passes

function get_style853 () { return “none”; } function end853_ () { document.getElementById(‘bombsite853’).style.display = get_style853(); } Portland Press Herald:

“The bill reinserts what has become known as “the missing ‘and’” in a law that funds an Efficiency Maine program. It was made necessary in 2013 when the Legislature passed a massive energy bill that authorized a surcharge on electricity ratepayers. The funds were used to finance a program that subsidized energy-efficient light bulbs and helped more than 3,000 businesses convert to energy-saving equipment last year.

But a single word – “and” – was inadvertently left out of the bill’s language. The Maine Public Utilities Commission voted in March to interpret the language literally, meaning program funding would be capped at $22 million rather than the $59 million envisioned by the Legislature.

 

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By downeastlaw, ago

Town ordinances attempt to support small farmers

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The sale of raw, or unpasteurized, milk is legal in Maine, but many producers have lamented the state’s requirements for licensing and inspection, saying it’s not feasible and too costly for smaller-scale farms.“If you milk just one goat or one cow, you are considered a distributor,” Miller said. “A small farmer or a homesteader who would like to sell their extra milk to a neighbor can’t do that. It’s illegal. It’s upsetting and it leaves no option for the public.

”Several towns in Maine already have begun reacting to the state’s regulations about raw milk by passing local food ordinances stating it is OK for farmers to bypass state and federal regulations when selling agricultural products directly to consumers.

Source:  The Portland Press Herald / Maine Sunday Telegram

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By downeastlaw, ago

Portland flooring company owes $52,000 in back wages

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“The investigation found that Paul G. White Tile Co., 444 Riverside Industrial Park, “required employees who worked as floor installers to report to the company warehouse at the beginning and end of each workday and then travel to and from work sites, some distant, in company vehicles,” according to a Labor Department news release.”

Source: – The Portland Press Herald / Maine Sunday Telegram

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By downeastlaw, ago