The Maine Supreme Judicial Court recently decided Almeder v. Town of Kennebunkport. The closely-watched and protracted case concerned the use and ownership of Goose Rocks Beach in Kennebunkport. First filed in 2009, the case wound through the Maine courts for two phases of trials and an appeal to the Supreme Court before reaching the Court… Read more »
Maine’s New Law Banning the Use of Handheld Phones and Devices While Driving Goes Into Effect on September 19, 2019
In an effort to stem the increase in accidents and fatalities resulting from distracted driving, “An Act to Prohibit the Use of Handheld Phones and Devices While Driving,” PL 2019, c. 486, will go into effect on September 19, 2019. The new law will generally prohibit drivers in Maine from using handheld phones and devices… Read more »
Sobriety Checkpoints in Maine
As summer begins, motorists can expect to see an uptick in sobriety checkpoints, also known as OUI checkpoints. Police officers will set up a roadblock to stop motorists and determine if the motorist is impaired. The U.S. Supreme Court and the Maine Law Court have each held that a properly conducted sobriety checkpoint is an… Read more »
Proposed legislation would reduce Maine estate tax exclusion amount
In the Maine Legislature in the first regular session for 2019, the House of Representatives proposed legislation that would reduce the Maine Estate Tax Exclusion Amount from its current $5.6 million (indexed for inflation) back down to only $2 million per person for those individuals dying after January 1, 2020. It would also remove the… Read more »
Law Court hands down important decision regarding public access to beaches
In a prior article, I wrote about a Maine Supreme Court case about seaweed ownership. The Court recently handed down its decision in Ross v. Acadian Seaplants, holding that the waterfront property owner owns the seaweed growing in the intertidal zone. The Law Court reasoned that taking seaweed is not “fishing” and accordingly not within… Read more »
Savings clause to the Maine Uniform Fraudulent Transfer Act is triggered by discovery of the fraud, not discovery of the transfer
So holds the Maine Supreme Judicial Court, sitting as the Law Court, in today’s decision in State of Maine v. Tucci, 2019 ME 51, — A.3d —. Tucci was found to have fraudulently transferred property in 2009. More than six years later, the State of Maine filed a lawsuit against Tucci alleging that the transfers… Read more »
Docks and the law
Maine has no shortage of lakes and ponds—so many, in fact, that there are several thousand that do not even have a name. Naturally, swimming, boating, and kayaking/canoeing are popular activities, especially at the lakefront camp. Those water-dependent activities rely on docks and other improvements. But whether a property owner may construct a dock on… Read more »
Do I have to take field sobriety tests?
If you are pulled over and the officer suspects that you may be impaired, you will likely be asked to exit the car and take field sobriety tests. In Maine, you are not required to take field sobriety tests. The officer will not tell you that you can refuse to take a field sobriety test. If… Read more »
Aging: The need for Wills, Trusts, Durable Powers of Attorney and Health Care Directives
It was recently reported by CBS News that Aretha Franklin passed away, without any Will regarding her nearly $80 million estate. Therefore, the State of Michigan will be deciding the distribution of her assets rather than she. Unfortunately, this is too often the headline in the paper, yet the rest of us go on with… Read more »
Airbnb In Maine: A patchwork of regulation
Maine is renowned as a summer tourism destination. In Portland, my hometown, even the “budget” hotels can cost over $300/night during the peak season. Given the shortage of rooms, and high prices, it’s no surprise that vacationers have looked to other options to shack up. Enter Airbnb. Founded in 2008, Airbnb is a platform on… Read more »