Gifted Harvard properties sold

Two properties that were donated to Harvard apparently for use by faculty members, have been sold. Because they were donated for the specific purposes, the University needed approval from the Maine attorney general before they could be sold. Without seeing the actual deeds, it is impossible to say if the sales were in line with the donor’s intent. But apparently the proceeds of the sales are to be used for purposes benefiting faculty.

In the case involving the Kendall estate in Maine, Harvard asked the Maine attorney general in January 2007 to allow it to sell the property, stating in court papers that the house needed “major capital repairs” and that the island’s remote location would force the school to pay an “exorbitant” amount of money for repair work that “far outweighs the income generated by the endowed maintenance fund.”

Maine’s attorney general raised no objection to the Kendall sale, and a judge approved the request on Jan. 23, 2007, 15 days after Harvard’s petition was filed.

Linda Conti, the assistant attorney general who handled the case, said in a phone interview that she made her decision based on the facts in Harvard’s petition. There was no hearing.

– Boston Globe

By downeastlaw, ago

Federal Court rules against EPA

The suit challenged the EPA’s regulation that permitted mercury emissions, much of it from midwest coal plants.

Maine and more than a dozen other states, along with environmental and public health groups, have won a federal lawsuit aimed at cutting mercury emissions from coal-fired power plants.

The U.S. Court of Appeals in Washington, D.C., ruled today that the Environmental Protection Agency violated the Clean Air Act in 2005 by setting rules that allow plants to discharge toxic mercury and avoid strict controls. The EPA’s “Clean Air Mercury Rule” would have created a cap-and-trade program to reduce overall nationwide emissions 70 percent by 2018.

– PressHerald

By downeastlaw, ago

Chief Justice pleads for funding

In the annual address at the State House Chief Justice Leigh Saufley noted the need for additional funds.

Saufley also called on the state to increase funding for court-appointed lawyers. She says there has been a sharp increase in the number of cases in which defendants require state-funded attorneys, but the funding has not kept up pace.

“If meetings were solutions, we’d have this thing nailed. More meetings won’t help. The increase in filings isn’t going away. If the attorneys can’t be paid, criminal charges can’t be prosecuted, trials can’t be held and alleged victims will wait,” said Chief Justice Saufley.

– WCSH6

By downeastlaw, ago

RIAA wins a round

Those UMaine students challenging the RIAA failed in their effort to have the suit dismissed. Not sure how long the students plan to be in this battle, but it could go on for c.

Nine students at the University of Maine who are taking on the Recording Industry Association of America were rebuffed last week by a magistrate judge.

Margaret J. Kravchuk, a U.S. magistrate judge, sided with the recording-industry group. She recommended that the federal district court in Maine reject the students’ motion to dismiss the group’s lawsuit against them, saying that she disagreed with their reading of the 2007 Supreme Court case Bell Atlantic Corp v. Twombly

– chronicle.com

By downeastlaw, ago

Lobstermen to report on catch

About 850 lobstermen, representing 10 percent of those licensed in Maine, will have to turn in logbook reports of how many times they went out on the water, how many traps they set or hauled each time, and how many lobsters they caught.

The purpose of the reports is to give Department of Marine Resources officials and scientists a better idea of how many traps are being used and how long they are in the water. more

– A.P.

By downeastlaw, ago

Proposed ban of calcium chloride

A legislator is proposing a statewide ban on calcium chloride, a liquid salt mixture used to melt snow and ice from roads. Many mechanics believe the substance is causing a lot of damage to vehicles.Brewer auto mechanic Andrew Bowden has worked on a lot of vehicles over the years. He said he’s doing a lot more brake jobs these days and he thinks it’s due to calcium chloride.

“The stuff on the roads, no matter what it is if it’s metal it seems to rust,” he said.

That’s one of the reasons State Rep. Dave Miramant of Camden wants to ban calcium chloride from roads. He testified in a hearing in Augusta today on the proposed legislation.

“You see experienced automotive technicians and mechanics finding the same problems over and over,” he said. “Five year old cars with rusted out brake lines.”

By downeastlaw, ago

State fines mortgage broker

MaineToday:

A licensed mortgage loan broker has entered into a Superior Court Consent Decree that resolves the state’s Unfair Trade Practice Act Complaint.

The State charged that Maine Mortgage Group helped falsify a homeowner’s mortgage application in order to persuade the lender that the homeowner was a good loan risk.

The state’s complaint alleged that Maine Mortgage Group made a $7,000 short-term loan to the homeowner in order to make the homeowner’s assets appear larger than they actually were.

By downeastlaw, ago

Supreme Court upholds groundwater testing

PressHerald:

Portland scrap yards must comply with environmental and zoning regulations that were enacted by the city council in 2004, the Maine Supreme Judicial Court has decided.

The decision affects E. Perry Iron & Metal Co. and New England Metal Recycling in Portland’s Bayside neighborhood, which the city has targeted for redevelopment. It also affects Louis Mack Co. on Warren Avenue.

Under the ordinance, scrap yards must submit groundwater test results to receive annual operating permits, said Penny Littell, assistant city attorney.

By downeastlaw, ago

State passes emergency bill for truckers

PressHerald:

An emergency bill to help truckers in Maine’s forest products industry was signed today by Gov. John Baldacci, just hours after it was passed by the House and Senate.

The bill temporarily allows truckers hauling forest products to increase the weight of their loads by 5 percent. It is effective immediately and will expire April 1.

“We know that our forest product industry and Maine’s truckers are being hurt by record high diesel prices,” Baldacci said. “They are struggling right now, and they need help. With the quick action on this legislation, they’ll get some relief right now.”

By downeastlaw, ago

AG files unfair trade suit

 MaineToday:

Maine Attorney General Steven Rowe has has filed an unfair trade practices complaint against a Maine oil dealer after receiving 124 complaints from customers.

The complaint alleges that Nicholas Curro, doing business as Price Rite Oil, Veilleux Oil & Service and Perron Oil, misrepresented when and how the oil in pre-paid contracts would be delivered, failed to deliver oil according to the contract terms and failed to honor customers’ request for refunds.

By downeastlaw, ago