Court Rejects Plum Creek Approval

Mainebiz:

The Maine Superior Court has overruled the state’s September 2009 approval of Plum Creek Timber Co.’s massive development in the Moosehead Lake region.

Chief Justice Thomas Humphrey yesterday ruled in favor of conservation groups Forest Ecology Network, Natural Resources Council of Maine and RESTORE: The North Woods, saying that the Land Use Regulation Commission broke its own rules in approving the development, according to a press release from RESTORE. The court found that LURC violated rules by failing to vote on the petition as it was presented, instead offering amendments, and by failing to hold another public hearing on Plum Creek’s final petition. “Because LURC disregarded its Chapter 5 rules and engaged in an unauthorized, ad hoc procedure that prejudiced Petitioners’ rights, the court must vacate the Decision of the Commission and remand for a public hearing on Plum Creek’s fourth and final amended petition,” Humphrey wrote in the ruling.

 

By downeastlaw, ago

See my article in the Bangor Daily News

The latest “Ask a Lawyer” column in the Bangor Daily news is about if and when you can copyright or trademark your own name.

Copyright and trademark law protect names in commercial uses. Copyright law protects “creative works,” including literary, music and visual works. Your given name — even one you give yourself — is not going to be considered a creative work that can be copyrighted. Names in a book, such as “Harry Potter” are protected by copyright as part of the literary work in which it is used.

Trademark law protects a name if it is associated with a product or service. An example of this is “Ralph Lauren,” which is a real person’s name, but also the name of the company that produces clothing. So the use of the name Ralph Lauren is protected by trademark law, because it represents the clothing and goods made by the Polo Ralph Lauren Corp.

If you are concerned about the unauthorized use of your name, Maine law prohibits the unauthorized use of your name or image for commercial purposes. The unauthorized appropriation of your name or likeness is considered a violation of your right to privacy. This comes up in advertisements, with lawsuits that typically involve famous people or celebrities.

By downeastlaw, ago

More Verrill Dana Lawyers Face Sanctions

The Portland Press Herald provides an update on the fallout from the actions of the former firm partner John Duncan.

Questions have lingered about the response to Duncan’s thefts within Verrill Dana, and whether other lawyers — most notably former managing partner David Warren — would be charged criminally or brought up for sanctions by the Maine Board of Bar Overseers.  While it appears that no one other than Duncan will face criminal charges, the lead counsel for the Board of Bar Overseers has accused six Verrill Dana lawyers of breaking ethics rules.

After investigating the matter for nearly three years, J. Scott Davis recently filed a court complaint outlining the allegations against Warren and James Kilbreth III, who chaired Verrill Dana’s executive board in the summer of 2007.  Davis also seeks unspecified sanctions against lawyers Eric Altholz, Mark Googins, Roger Clement Jr. and Juliet Browne, who served on the firm’s executive board at the time.  Disciplinary hearings for all of the lawyers have been scheduled for Dec. 13 and 14 in District Court in Lewiston.

More here, here, here, and here

By downeastlaw, ago

Pine Tree Legal’s Role in Foreclosure Freeze

The work of a retired volunteer attorney at Pine Tree Legal has led to the nationwide foreclosure halt by several mortgage companies.  In an apparent attempt to speed the foreclosure process, GMAC Mortgage had employees signing off on affidavits that said the employee had “personal knowledge” of  the information they were signing off on.  But considering the rather complex procedures banks need to follow before they can foreclose on someone’s property, and the way many of these mortgages have been sold multiple times, the employees would need to take considerable time reviewing the files and ensuring the facts stated in the affidavit are accurate.  This is important because an affidavit is a sworn statement made under oath, just like when someone is in court in front of a judge.

NYTimes.com: Her file was pulled, more or less at random, by Thomas A. Cox, a retired lawyer who volunteers at Pine Tree. He happened to know something about foreclosures because when he worked for a bank he did them all the time. Twenty years later, he had switched sides and, he says, was trying to make amends.

… All of this is largely because Mr. Cox realized almost immediately that Mrs. Bradbury’s foreclosure file did not look right. The documents from the lender, GMAC Mortgage, were approved by an employee whose title was “limited signing officer,” an indication to the lawyer that his knowledge of the case was effectively nonexistent.

… Fannie Mae and GMAC, which serviced the loan for Fannie, have now most likely spent more to dislodge Mrs. Bradbury than her house is worth. Yet for all their efforts, they are not only losing this case, but also potentially laying the groundwork for foreclosure challenges nationwide.

 

By downeastlaw, ago

Lubec man jailed for internet sales scam

After apparently ripping people off through online sales of things he did not actually deliver, or what was delivered was not as advertised, David Anderson will spend three years in jail.

MACHIAS — A Lubec man who sold baseball cards and other merchandise over the Internet was sentenced Tuesday in Washington County Superior Court to seven years in prison with all but three suspended for theft by deception.

David Anderson, 66, also was sentenced to three years of probation and ordered to pay $6,500 in restitution to three victims, according to the Washington County District Attorney’s Office.

In an April plea agreement with prosecutors, Anderson pleaded guilty to theft by deception. He was charged with a Class B crime because what he stole was valued at more than $10,000, according to Paul Cavanaugh, first assistant district attorney for Washington County.

Cavanaugh said Tuesday that Anderson offered items, including a large collection of baseball cards he had inherited from his father, for sale on the Internet between 2001 and 2005. After some of the sales were completed, local police and authorities in states where his customers lived, complained that the merchandise either never arrived or was not in the condition described by Anderson.

Cavanaugh said Tuesday that Anderson’s victims numbered 25 and their losses were estimated at $87,000.

via  – Bangor Daily News.

By downeastlaw, ago

Bernstein Shur Hit with $7.3 Million Verdict

A jury has returned a $7.3 million verdict against one of Maine’s largest law firms, deciding that Bernstein Shur Sawyer & Nelson was negligent in its representation of a client in a workplace sexual harassment case.  Peter Redman alleged that Bernstein Shur worked against his interests in his dispute with his brother, Mark Redman, over control of Northern Mattress & Furniture Co., which has since gone out of business. Peter Redman, who was the company’s president, was prohibited from entering the family business’ headquarters in Fairfield because of a sexual harassment claim that he contends his brother orchestrated to take control of the business.

via The Portland Press Herald / Maine Sunday Telegram.

By downeastlaw, ago

CMP to Buy Golf Course

As part of Central Maine Power’s transmission line upgrades, they will need to acquire land throughout the state. They will be able to use the power of eminent domain if landowners are unwilling to sell. One willing seller was the owner of the Kennebec Heights Country Club. CMP already had a right-of-way across the land, but apparently needed more, and is willing to buy the entire property. Not surprisingly, neighbors are not happy. Kennebec Journal:

Central Maine Power Co. is close to purchasing the closed Kennebec Heights Country Club in Farmingdale, which sits along the path of its pending 350-mile transmission line upgrade, the Maine Power Reliability Project.
CMP spokesman John Carroll said the utility is negotiating a deal with the course’s owner, Michael Jennings of Winthrop. Carroll would not say how much CMP is paying for the 18-hole course.

“Any time we negotiate with landowners, we will buy the land we need, and in some cases the owner decides they would rather sell the entire parcel, which is what he wanted to do,” Carroll said. “I don’t think we’ve closed yet. It’s a parcel that we needed to acquire and we have an agreement to acquire it.”

By downeastlaw, ago

Naples Fines Builder $600K for Cutting Trees

The Press Herald reports on a developer who apparently disregarded shoreline zoning ordinances and cleared an entire lot of vegetation is now facing fines up to $660,000.

The town has cited Chase Holdings LLC for three violations of the shoreland zoning ordinance and is researching whether a fourth violation occurred. The company is associated with John Chase, a builder in southern Maine who owns Chase Custom Homes.

…

An area of more than 100 feet by 100 feet on Big Bear Point was cleared of all vegetation, opening a view of Long Lake and adding significant value to the property, according to the DEP, which had a staff member investigate in March, along with Naples’ code enforcement officer.

Chase Holdings was cited for three violations within the 100-foot shoreline buffer zone: creating an opening in the forest canopy greater than 250 square feet, failing to retain a well-distributed stand of trees and other vegetation, and removing shorter vegetation and ground cover.

The other possible violation would be for removing more than 40 percent of the trees in the buffer zone within a 10-year period.

Town attorney Geoffrey Hole said he will negotiate with Chase Holdings on a consent agreement that could address civil penalties and the environmental remedy. If the parties cannot reach an agreement, he said, the town will sue in Superior Court.

By downeastlaw, ago

Crescent Beach Lease Extended

While most people who use in Cresent Beach in Cape Elizabeth assume that it is all public land, a large part of it is still privately owned. The property, owned by the Sprauge family, was leased to the State for a token $1 amount instead of donated to the State. While the Sprauge’s have extend the lease, they apparently want to keep ownership of it in order to keep future use and development options available. The Forecaster:

Sprague Corp. President Seth Sprague said his grandfather Phineas Shaw Sprague helped establish Crescent Beach by donating and leasing land to the state in 1960. By 1966, Sprague said the state completed much of the development and Crescent Beach State Park was opened to the public.

Of the park’s 242 acres, 100 acres are owned by the Sprague family and leased to the state for $1.

… The Sprague family owns the western end of the beach, while the state owns the access road from Route 77, control station, concession stand, restrooms and bathhouse.

Sprague said land conservation remains the goal of the corporation and the family.

By downeastlaw, ago