Plum Creek’s Payments to Supporters Questioned

The Plum Creek Timber Company paid the expenses for groups that supported its efforts to get approval for a large scale development project in the Moosehead Lake region.  While these groups may have wanted much of what Plum Creek was proposing, the amount of money paid to these groups suggests they may have been acting more as agents of Plum Creek rather than as independent organizations.   The question is if the groups, through their testimony and submissions, stated what their members wanted or what Plum Creek told them to say.

The payments to groups such as the Piscataquis County Economic Development Council, the Maine Snowmobile Association and the Maine State Chamber of Commerce should have been disclosed to the land use commission, said Cathy Johnson, north woods project director for the Natural Resources Council of Maine, one of a few groups that have filed court appeals to block the project.”It’s the applicant paying to get testimony that’s purporting to be independent but in fact isn’t,” she said ….

Plum Creek agreed to pay the attorney fees for a group that included the snowmobile association and organizations representing ATV riders, outdoor guides and bow hunters. The fees ended up exceeding $100,000, Meyers said, although he didn’t know the exact amount.

via Portland Press Herald.

Firm Suing over Price of Document Access

Currently it costs $2 – $4 per page to download pages from the Register of Deeds of the Counties that post them. This company is challenging those rates.

An official with MacImage of Maine LLC said Wednesday that his firm filed a court complaint late Tuesday afternoon accusing 13 counties in the state of violating the state’s Freedom of Access Law. The complaint, filed in Cumberland County Superior Court, names Androscoggin, Aroostook, Cumberland, Franklin, Kennebec, Knox, Lincoln, Penobscot, Sagadahoc, Somerset, Waldo, Washington and York counties as defendants. MacImage is not suing Piscataquis County because that county has agreed to provide the firm with electronic copies of all of the documents filed in its Registry of Deeds. According to Linda Smith, registrar of deeds in Piscataquis County, the county avoided being sued by agreeing to have its online database contractor, Affiliated Computer Services, charge MacImage a bulk rate of 2½ cents for each page.

via Bangor Daily News.

Small Claims Limit Raised to $6000

The maximum amount of a claim that can be brought to the Small Claims court is now $6000, up from $4500.

Title 14, §7482: Definition of a small claim:

Notwithstanding the total amount of a debt or contract, a “small claim” means a right of action cognizable by a court if the debt or damage does not exceed $6,000 exclusive of interest and costs. It does not include an action involving the title to real estate.

See here for more on Small Claims in Maine.

FairPoint files for Ch. 11

Portland Press Herald.:

Telecommunications services provider FairPoint Communications Inc. said Monday it has filed for Chapter 11 bankruptcy protection after agreeing on a deal with key lenders that will help lower its debt by $1.7 billion.

Charlotte, N.C. Fairpoint said the restructuring plan with lenders holding more than half of its outstanding secured debt is subject to bankruptcy court approval.The company said it expects to continue operating as normal while awaiting that approval.

Last week, the governors of Maine, New Hampshire and Vermont said they want assurances from FairPoint that any debt restructuring by the company won’t further erode customer service. FairPoint owns and operates phone companies in 18 states with a total of 1.65 million lines, but its largest holdings are in Maine, New Hampshire and Vermont.

The company, which bought Verizon’s land lines and Internet services for $2.3 billion in 2008, has been plagued with customer service and operational problems in those regions.

No on One

I will let Philip Schooner of Biddeford make the case.

New President at Pine Tree Legal

Robert Lingley, 66, of Bangor has served on Pine Tree’s board since 2006 and as vice president for the past two years, according to a press release issued last month.

Pine Tree is a statewide nonprofit organization that provides free legal assistance to low-income Mainers. Founded in 1967, it is Maine’s oldest and largest legal aid provider. It has six offices around the state.

via Bangor Daily News.

Flat Rate Legal Fees

I have posted a list of the legal services I offer at a flat rate instead of the usual hourly billing. This allows clients to take as much time as they need to ask questions and to discuss important issues without worrying about the clock. It also allows for the budgeting of these services which some people may skip if they think it will cost them too much.

Go to my rates page.

The list is not exhaustive of the work I will do at a flat rate, but can give a sense for what other services may cost. Feel free to contact me at ertlaw@gmail.com to discuss help you may need.

Lawyer Suspended for Abusing Puppy

Seth Carey, who was suspended earlier in the year for another matter, was again sanctioned for conduct unbecoming a member of the bar.

The latest complaint lodged against Carey came from a woman who alleged he physically abused her German shepherd puppy at her home during an October visit last year. She said he was expressing his anger toward a prosecutor for the board who had been handling complaints brought by Maine lawyers and judges. Carey later refused to leave the woman’s home after being asked to. She described his behavior as “unhinged” and said she was wary about being in his presence.

via Sun Journal.

First Distracted Driver Citation

KITTERY — A New Hampshire teenager has been cited under Maine’s new distracted-driving law after allegedly crashing her car into a utility pole while texting on her cell phone.

Kittery police Sgt. Charles Denault told the Portsmouth Herald that 19-year-old Jessica Jones admitted that she was texting when she crashed into the pole on Leach Road at about 1:30 p.m. Sunday, knocking out power to the neighborhood for the remainder of the afternoon.
…

via Portland Press Herald.

Legal Aid Needs Not Being Met

The state’s six nonprofit legal aid providers are struggling to meet the needs of Maine’s poor and elderly, as the demand for legal services continues to rise and funding for the agencies drops.

Over a two-month period this spring, the six agencies received about 6,400 requests for legal help, ranging from assistance in foreclosure proceedings to help with child custody cases.

They were able to fully meet the needs in only 1,500 of those cases – fewer than one in four. The other 4,900 received either limited help or no help at all, according to figures released Thursday.

“Having it in black and white confronts you with the reality that the folks who come to us for help already know,” said Nan Heald, executive director of Pine Tree Legal Assistance, Maine’s largest legal aid provider.

via Portland Press Herald.