News from Jensen Baird Gardner & Henry

updated 01-30-12

Town Wins Tax Exemption Appeal

In a case of first impression, the Maine Supreme Judicial Court, sitting as the Law Court, denied an appeal by a property owner challenging two decisions of the Town of Steuben assessors to deny the property owner’s claim to be exempt from local property taxation.  In the case, Humboldt Field Research Institute v. Town of Steuben (2011 ME 130), Bill Dale and Mark Bower successfully argued on behalf of the Town that the property owner—a non-profit organization—always bears the burden of proof to show entitlement to a property tax exemption under 36 M.R.S.A. § 652, even if the assessors had exempted the property from taxation in prior years.  The Law Court’s opinion, issued on December 20, 2011, reaffirms its prior case law precedent that “taxation is the rule and exemption is the exception.”

Portland Regional Chamber 2011 Community Leadership Award Recipient

The Portland Regional Chamber, at its 157th annual dinner and community leadership awards night, honored Merton G. Henry with the Henri A. Benoit Award for Leadership in the Private Sector.  Among his many community activities, Mert has been a Trustee of Maine Medical Center, the Portland Museum of Art, and Bowdoin College, served as Chairman of the Portland School Committee, and was a long-time advisor to Senator Margaret Chase Smith.

New Attorneys

Lawrence R. Clough has recently become a member of the firm.

Larry is a member of the firm’s Real Estate Practice Group.  He has extensive experience representing commercial lenders and developers throughout Maine. Larry was the primary draftsman of the Maine Condominium Act and represents developers and condominium-homeowner associations across the state, and is considered to be the leading condominium attorney in Maine, where his innovative approaches to structure and administration of residential and commercial projects have become the standard statewide.

Mark A. Bower has recently become associated with the firm.

Mark is a member of the firm’s Government Services Department and his practice areas will include municipal, environmental, and school law.  He represents public and private clients in all aspects of land use, zoning, complex public finance, and environmental and energy negotiations.

Jennifer W. Peters has recently become associated with the firm.

Jennifer practices in the area of local government law with an emphasis on employment and school law.  Prior to joining the firm, Jennifer practiced public agency law with McDonough Holland & Allen PC of Oakland, California. 

Kathleen T. Konkoly has recently become associated with the firm.

Kathleen, or "Kosia" as she prefers to be called, is located in our Kennebunk office, and is a member of the firm's Business Services Practice Group, advising banks and mortgage service companies in commercial lending, banking and mortgage foreclosure transactions throughout the State of Maine.  In addition, Kosia has developed a large and active estate planning and probate practice.

Municipal Assessment Upheld in Major Decision

The Maine Board of Property Tax Review in Augusta, by a unanimous vote on December 15, 2009, denied the property owner’s appeal of the City of South Portland’s $270 million assessment of the Maine Mall Shopping Center.  Bill Dale and Sally Daggett, the City’s general counsel, represented South Portland and the City Assessor, Elizabeth Sawyer.  The property is owned by General Growth Properties of Chicago, the second largest owner and operator of shopping malls in the nation.  The property is the only super regional shopping mall in Maine.  GGP’s appraisal valued the property at $170 million; had GGP prevailed, the City would have had to refund it approximately $1.4 million, including interest.

Adjunct Professor of Law

Michael A. Nelson, a member of the firm, has been named Adjunct Professor of Law for Professional Responsibility and Legal Ethics at the University of Maine School of Law.

New Local Government Client

Jensen Baird has been selected as the City of South Portland’s new general counsel, with Sally Daggett as the principal attorney to serve as South Portland’s Corporation Counsel.  The firm was selected by the City Council after a thorough RFP and interview process involving all of the law firms in Greater Portland who represent local governments.  South Portland is Maine’s fourth largest community in terms of population and second largest in State equalized property valuation.  In addition to acting as general counsel on a regular basis to various municipalities and other local government entities in Southern Maine, including the County of Cumberland and ecomaine (the area’s major waste-to-energy facility), Jensen Baird represents many municipalities and school districts throughout the State on a special counsel basis.

33rd Degree Mason

Carrying on a strong tradition of Freemasonry in the firm, R. Lee Ivy, former Chairperson of the Trusts & Estates Section of the Maine State Bar Association and a Fellow of the American College of Trust and Estate Counsel, has been given one of the highest honors that can be bestowed on a Scottish Rite Freemason, the 33rd Degree.  When he received the Degree, he joined the late M. Donald Gardner and the late Walter E. Webber as members of the firm who have received the honor.

Constitutional Limits on Punitive Damages: How Much is Too Much?

“At what point does a punitive damage award under State tort law become so excessive that it violates the Due Process Clause of the 14th Amendment?”  Michael Nelson, Chair of the firm’s Litigation Department, recently authored an article on this subject, and was featured in the Winter 2008 edition of the Maine Bar Journal.  To read the article in its entirety, click here.

$3,000,000 Jury Verdict

Michael Nelson, Chair of the firm’s Litigation Department, recently won a $3,000,000 jury verdict in a defamation case tried in Federal Court on behalf of a stockbroker against her former employer, Merrill Lynch, Pierce, Fenner & Smith.  It is the largest verdict ever awarded in a defamation case in Maine. The United States Court of Appeals affirmed the verdict but reduced the damages to $850,000.

Husson College Alumni Hall of Fame Member

Pursuant to sponsorship by Paul Husson, son of the founder of Husson College, and selection by the Board of Alumni, Marcia G. Corradini, a two-degree graduate of Husson College, was inducted into the Husson College Alumni Hall of Fame.  Ms. Corradini’s photo and recognition plaque joins other recognized Alumni in the College’s Walk of Fame hallway.

The Law Court Rules on Administrative Board Appeals

In a recent opinion, Maine’s highest court limited a developer’s right to appeal the conditions attached to an administrative board approval.  Representing the Town of Gorham, Bill Dale and Sally Daggett of the firm’s Government Services Practice Group successfully argued that such an appeal, like any appeal of an administrative board decision, must be filed within 30 days under the Maine Rules of Civil Procedure.  The Law Court’s ruling prevents a developer from pursuing a project under a conditional approval while reserving the right to object to the conditions at any point in the future.  Instead, a developer now must immediately appeal any “adverse” condition just as it would have to do if its application had been denied by the administrative board.

New England Super Lawyers

Six partners were selected for inclusion in the latest edition of New England Super Lawyers.

· Ken Cole was selected for Real Estate.

· Bill Dale was selected for Government, Cities and Municipalities.

· Joe Groff was selected for Business Litigation.

· Lee Ivy was selected for Estate Planning and Probate.

· Mike Nelson was selected for Business Litigation.

· Brendan Rielly was selected for Business Litigation.

The Best Lawyers in America

Twelve partners were selected for inclusion in the latest edition of The Best Lawyers in America.

· Ken Cole was selected for Real Estate, Land Use & Zoning, and Administrative/Regulatory Law.

· David Jones was selected for Real Estate Law.

· Mike Nelson was selected for Commercial Litigation, Ethics and Professional Responsibility Law, and Legal Malpractice Law.

· Rick Spencer was selected for Real Estate Law.

· Larry Clough was selected for Real Estate Law.

· Ron Epstein was selected for Real Estate and Public Finance Law.

· Bill Dale was selected for Administrative/Regulatory, Land Use & Zoning, and Municipal Law, as well as Land Use & Zoning and Municipal Litigation.

· Joe Groff was selected for Commercial Litigation, White-Collar Criminal Defense Law, and Environmental and Controversy Tax Litigation.

· Debbie Mann was selected for Construction, Commercial, Real Estate and Trust & Estates Litigation.

· Lee Lowry was selected for Real Estate Law.

· Mike Quinlan was selected for Corporate Law.

· Lee Ivy was selected for Trust and Estates Law, as well as Trust & Estates Litigation.

· Frank Frye was selected for Corporate Law.

Attorneys throughout the United States were asked to rate abilities of other attorneys in their area of expertise. Attorneys who earned the support of their peers are included in the listing.  The Best Lawyers in America will be available online at www.bestlawyers.com.

Oxford Network’s Triple Play

Lawyers at Jensen Baird Gardner & Henry assisted the firm's telecommunication client, Oxford Networks, with regulatory and legal issues relating to Oxford's expansion into the Lewiston-Auburn area and construction of a new, state of the art fiber-optic network providing voice, data and video services to businesses and residences. This is the first and only such triple-play network in Maine. Oxford's project is one of the anchors of the economic development effort of the Cities of Lewiston and Auburn known as the Southern Gateway Development District. Frank Frye of the firm's Business Services Group, serves as General Counsel to Oxford and its affiliates, and worked closely with Oxford's senior management to design, implement and complete this unique expansion and raise required capital. Bill Dale, of the firm's Government Services Practice Group, worked with the municipalities to secure video franchise agreements for Oxford - a critical step allowing the network expansion into the new markets. Lee Lowry, a member of the firm's Real Estate Practice Group, assisted Oxford with the design, construction and completion of its new Operations Center and Switch Building, both located on Lisbon Street in Lewiston. Oxford completed the first phase of the project and is now providing its new customers with high-speed internet, television, and traditional voice and telephone services.

Mike Nelson in the Maine Bar Journal

Mike Nelson authored an article relating to claims of accountant malpractice, published in Maine Bar Journal. The article describes the availability of the comparative negligence defense in accountant malpractice cases nationally, and explains why the defense should be available in cases of accountant malpractice in Maine. For more information on this topic, click here.

Debbie Mann

Debbie Mann has been selected by the American Arbitration Association to serve on its Construction Industry Arbitration Panel. Selection is based on experience in the construction litigation field and reputation in the industry. The position carries with it substantial annual training obligations, including an initial, intensive program over a two-year period which she completed in 2006.

JBGH Listed as one of Maine’s leading firms in Real Estate

Jensen Baird Gardner & Henry has been listed as one of Maine’s leading firms in Real Estate in the legal publication of Chambers USA, America’s Leading Business Lawyers. "Rivals describe the practice as ‘hands-on’ team, distinguished by practitioners’ thoroughness, experience and talent for ‘closing a deal.’ The group represents developers and lenders, commercial landlords and tenants as well as individuals."
The publication also acknowledged Kenneth Cole, "for his common sense and practicality" as a leading attorney in Real Estate in the State of Maine.

Walter Ernest Webber

July 31, 1943 - April 22, 2006

The firm is very saddened by the loss of Walter Webber who passed away on April 22, 2006 at the age of 62.

Please Click Here for more details.