News from Jensen Baird Gardner & Henry
updated 01.07.10
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 Attorneys
Roger P. Asch has recently become a member of the firm; and Nicholas J. Morrill has become associated with the firm.
Roger is a member of the Business Services and Estate Planning & Probate Practice Groups
Nick is a member of the firm’s Real Estate Practice Group.
Advanced Leadership Fellows at Harvard University
Jamie Kaplan, of counsel, and executive director of The Cromwell Center for Disabilities Awareness in Portland, has been named one of 14 inaugural Advanced Leadership Fellows at Harvard University for 2009. The fellowship is part of a new program -- the Advanced Leadership Initiative -- which is a collaboration among the graduate schools of business, education, government, law and public health.
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, recently received one of the highest honors that can be bestowed on a Scottish Rite Freemason, the 33rd Degree. When he received the Degree in August in Providence, Rhode Island, 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
On September 20, 2007, 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 at a ceremony held in conjunction with the College’s Homecoming Alumni Dinner. 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
Five partners were selected for inclusion in the latest edition of New England Super Lawyers.
· Ken Cole was selected for Land Use/Zoning.
· Ron Epstein was selected for Government/Municipal and Real Estate.
· Frank Frye was selected for Business/Corporate and Tax.
· Joe Groff was selected for Business Litigation, white collar defense, and civil litigation defense.
· Mike Nelson was selected for Business Litigation, Professional Liability Defense, and Antitrust Litigation.
The Best Lawyers in America
Ten partners were selected for inclusion in the latest edition of The Best Lawyers in America.
· Ken Cole was selected for Real Estate and Administrative Law.
· Bill Dale was selected for Administrative Law, Land Use & Zoning Law and Municipal Law.
· Ron Epstein was selected for Public Finance Law.
· Frank Frye was selected for Corporate Law.
· Joe Groff was selected for Commercial Litigation and White-Collar Criminal Defense Law.
· Lee Lowry was selected for Real Estate Law.
· Debbie Mann was selected for Construction Law.
· Mike Nelson was selected for Commercial Litigation and Legal Malpractice Law.
· Rick Spencer was selected for Real Estate Law.
· David Jones was selected for Real Estate 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, Chair 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 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 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.
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, 2003-2004. "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.
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