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Maine Law vs. Maine Justice

My name is Richard Cayer and I am from Madawaska Maine. I am soon to be 74 years old, and I retired from Fraser Paper after 43 years as a Instrumentation Technician. For the past 20 years, my wife and I have been in legal battles with the Town of Madawaska over many issues which have ended in the Maine Supreme Court. Our fourth Maine Supreme Court case, is a summary judgement appeal, - Docket No. CARSC-CV-2017-012- for a building permit. In this case, on December 4, 2017, Justice Stewart (Superior Court) decided not to grant a summary decision for either party. This case was to be heard as a jury trial for a Declaratory Decision. On February 8, 2019, after 15 months and Thousands of dollars for ADR and legal fees, J. Stewart reversed his own December 4, 2017 decision and decided for the Town. We are appealing J. Stewart’s decision to the Maine Supreme Court Docket No. ARO- 19-97.

A brief explanation of this case is as follows. After receiving 3 permits for the same building, the town CEO ignored our vested permits, and the right to a hearing for an injunction, illegally issued a stop work order which we followed, successfully defended a Special Motion to Dismiss pursuant to Title 14 sec. 556, (justice Allen Hunter), dismissed with prejudice, and after 3 years of litigation claimed that our permits had expired. This case is before the Maine Supreme Court as ARO-19-97. Furthermore, if there actually had been a Shoreland Zoning violation Title 38 sec. 443-A, prevents a dismissal without the Attorney General’s consent, and is subject to, 3. Remedies. Any municipality that fails to adopt, administer or enforce zoning and land use ordinances as required under this article is subject to the enforcement procedures, equitable remedies and civil penalties set forth in sections 347-A to 349. This was pointed out to Colin Clark from the DEP and ignored.

We also have a Tort, malicious prosecution case against the town employees, presently in Superior court, Docket No. CARSC-CV-2018-135. This tort is public information in our blog. (See)

However, this is not the reason for this letter. Over the years, our rights have been violated by the town employees, IF&W commissioner Roland Danny Martin, DEP, Dept. of Conservation director George Powell, MMA, and the State Legislature. More disturbing, is how the Maine Supreme court has ignored these rights violations against us. Among these interesting cases is a decision on Docket No. Aro-51; Decision 11-4-13. This is a Title 14 sec. 556 -Special Motion to Dismiss case where the court believed the town’s claim that we were violating a town ordinance, and instructed us to defend ourselves in court. For the following 3 years, the town tried to Dismiss with Prejudice in two (2) pre-trial conferences, (emphasis added) two, (2) alleged code violations, that we refused, until Justice Stewart convinced us, under duress, to agree. In this case, we believe the Maine Supreme Court succeeded in setting president (Stare Decisis) contrary to the intent of the Statute, Title 14 sec. 556 -Special Motion to Dismiss.

Another interesting case was in regards to a legal petition by us to secede from the Town of Madawaska on May 27, 2013. In this case the Town, with help from the Maine Municipal association (MMA), the Maine legislature amended Title 30-A sec. 2171, H.P. 1131-L.D.1561, approved on July 1, 2013 Chapter 384, and made Public Law in three (3) weeks (emphasis added) completely in secret, without any public notice, as an emergency, contrary to all its rules. This case was appealed to the Maine Supreme Court, Docket No. ARO-15-406 decided 9-15-16. In this case we believe our Constitutional right to petition Government was clearly violated and ignored by the Maine courts.

We have many more of these rights violation if you are interested in these cases, if for no other reason than to study at the University of Maine.

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