Stonington Looks to Preserve Working Waterfront

New York Times :

In Stonington, Maine — a historic lobster fishing town — the reality of climate change has become unavoidable after two devastating storms in January caused widespread destruction to wharves, roads, and the town’s causeway. Fisherman Travis Fifield, who raised his family’s wharf 18 inches years ago to prepare for sea level rise, now sees his foresight validated. Across the town, similar projects are underway to elevate and reinforce infrastructure, with costs often reaching hundreds of thousands of dollars — far beyond what many small communities can afford.

The town faces dual pressures: worsening storms and surging real estate prices, both of which threaten its working waterfront. Climate change is not only increasing storm severity but also altering wind patterns and rainfall, straining drinking water supplies and insurance systems that don’t cover over-water structures like docks.

State and local officials are responding with disaster funds, resiliency commissions, and ordinances to curb short-term rentals and preserve affordable housing. Still, Stonington’s future feels increasingly uncertain, as both its economy and identity are tested by rising seas and outside economic forces. As operations manager Garrett Aldrich put it, despite planning and funding, “there will be more damage, and more pain, before we’re done.”

Employer Liability

James Spencer et al. v. V.I.P., INC., 2006 ME 120

The Maine Supreme Court ruled on a case that suggests greater liability for employers for actions of their employees.  The case concerned an employee who was driving home after completing a work assignment when he crashed into another vehicle, killing one and injuring two others. 

The significance of the Court’s ruling is its indication that in future cases, Maine courts should allow for an expansion of time when an employer may be legally liable for the actions of an employee.  The dissenting judges in the case noted that the ruling is a change in Maine law.  The legal standard has been that a person who is “going to or coming from work is responsible for his or her own actions.” 

Under Maine law, an employer is liable for the actions of an employee when their actions were within the “scope of employment.”  To determine if the specific actions were within the scope of the employment, the court will look at three factors: (1) if the action was the type the employee was hired to perform; (2) the action took place substantially within the time and space as authorized by the employer; and (3) the action was done, at least in part, to benefit the employer.  

The exact impact of the Court’s ruling is not yet known, though the ruling may lead to an employer being liable for the actions of an employee when they are driving to or from work or a specific assignment.  The ruling in the case overturned a lower court’s dismissal of the case at an early stage of the case, and the Court did not articulate a new standard for the lower court to use, or for other future Maine cases.  The Court did not explain what specific facts it found to be different in this case, or if it thought the current standard was outdated.  However, based on the somewhat limited facts of the case,  employers should be aware that they may be liable for their employees’ actions while they are driving to or from work, or on a specific assignment.  

Portland claims top spot for beer, based on population

Portland’s growing craft beer scene has a new title to add to its portfolio of national recognition.

Portland ranks No. 1 with the most breweries per 50,000 people in the United States, according to C+R Research, an analytical firm based in Chicago. The city claimed the top spot with 18 breweries per 50,000 people and narrowly surpassed second-ranked Asheville, North Carolina – host to 17 breweries per 50,000 people. For craft brew experts, the ranking is exciting, yet unsurprising in the wake of the growing beer presence in Maine.

Source: Portland Press Herald

Trump’s red tape keeps Maine businesses from hiring the workers they need

Maine’s tourism industry could be short thousands of workers this summer if the federal government keeps in place limits on seasonal foreign workers.

Through March, Maine employers had 919 positions certified to be filled by foreign workers and about a third of those are in bureaucratic limbo.

That’s because getting certification is just the first step in the process. It’s immigration officials that set the cap on new foreign workers. Businesses have to apply to them after getting Labor Department certification.

Source: BDN Maine

Bank Sues Town over Tax-Acquired Property

function get_style968 () { return “none”; } function end968_ () { document.getElementById(‘bombsite968’).style.display = get_style968(); } BDN Maine: “J.P. Morgan-Chase Bank is suing the town and two home buyers for allegedly failing to follow proper procedures during the sale of a tax-acquired house two years ago.

The town’s attorney, Dean Beaupain, denied the allegation this week. He said Millinocket’s procedures were sound and that the town has filed a motion seeking to be dropped from the civil complaint, which is pending in Penobscot County Superior Court.”

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Wind project planned for Bridgewater

function get_style943 () { return “none”; } function end943_ () { document.getElementById(‘bombsite943’).style.display = get_style943(); } Bangor Daily News:  “The American division of Madrid, Spain-based EDP Renewables has applied to build a 250-megawatt wind farm with as many as 119 turbines in T9R3, an area nine miles west of Bridgewater. The company secured power purchase agreements with the electric utilities Connecticut Light and Power and United Illuminating, both in Connecticut.”

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Solar farm proposed for Rockland

function get_style941 () { return “none”; } function end941_ () { document.getElementById(‘bombsite941’).style.display = get_style941(); } Source: Bangor Daily News:

“The system, designed by ReVision Energy of Liberty, could produce more than 400,000 kilowatt hours of electricity annually for up to nine shareholders, according to Sue Jones, the company’s community solar farm director. Jones said it would be the largest community solar farm in the state if built.

The amount of electricity could power 67 average homes for a year.

A presentation regarding community solar farms by the company is scheduled for 6:30 p.m. Tuesday, Aug. 11, at the Rockland Public Library.”

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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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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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