Real Estate & Property Law

Maine Supreme Court: No Notice To Claims Commission Under New Law

By Robert Thomas (inversecondemnation.com)

Until recently, a Maine property owner who sought review of a Claims Commission award of compensation needed to provide notice to the Commission of the appeal to Superior Court. Mr. Morrill believed a Commission award was insufficient and appealed, but did not provide notice. The Superior Court dismissed the case.

Morrill was in luck, however, because during the pendency of his appeal to the Maine Supreme Court, the Legislature amended the statute to eliminate the notice requirement. The Legislature also provided that the new procedures would apply retroactively to certain appeals. The Maine Supreme Court concluded this language saved Morrill's bacon:

This Act applies to appeals from an award of the State Claims Commission that were pending on or after January 1, 2009, except that an appeal pending on or after January 1, 2009 but prior to the effective date of this Act for which notice was provided in accordance with the law in effect prior to this Act may not be dismissed for failure by a party to provide a copy of the complaint to the other party or parties within 30 days of the date of issuance of the commission award.

Morrill v. Maine Turnpike Auth., 2009 ME 116 (Dec. 3, 2009).

Mr. Morrill, are you available to accompany us on a Vegas trip?

Full post as published by inversecondemnation on December 10, 2009 (boomark / email).