Heiwa Tofu expanding

Bangor Daily News:

Heiwa Tofu, a Maine-based tofu manufacturer founded in 2008 by former science teacher Jeff Wolovitz, is undergoing a major expansion to double the size of its Rockport facility from 2,800 to nearly 6,000 square feet. The company has grown rapidly, increasing production from 2,500 pounds per week in 2016 to 15,000 pounds currently. With the expansion—expected to finish in early 2026—Heiwa aims to boost output to 20,000 pounds per week and eventually reach 25,000–30,000 pounds.

The $1.5 million project, partially funded by federal grants, will also add new equipment, solar panels, and more employees. About a third of Heiwa’s soybeans come from Aroostook County, helping qualify it for state-administered grants supporting Maine-grown products. Heiwa tofu is sold across the Northeast in stores like Hannaford and Whole Foods, as well as locally as discounted “factory seconds.” Wolovitz credits the company’s growth to product quality and increasing demand for plant-based foods.

By downeastlaw, ago

Stonington Looks to Preserve Working Waterfront

New York Times :

In Stonington, Maine — a historic lobster fishing town — the reality of climate change has become unavoidable after two devastating storms in January caused widespread destruction to wharves, roads, and the town’s causeway. Fisherman Travis Fifield, who raised his family’s wharf 18 inches years ago to prepare for sea level rise, now sees his foresight validated. Across the town, similar projects are underway to elevate and reinforce infrastructure, with costs often reaching hundreds of thousands of dollars — far beyond what many small communities can afford.

The town faces dual pressures: worsening storms and surging real estate prices, both of which threaten its working waterfront. Climate change is not only increasing storm severity but also altering wind patterns and rainfall, straining drinking water supplies and insurance systems that don’t cover over-water structures like docks.

State and local officials are responding with disaster funds, resiliency commissions, and ordinances to curb short-term rentals and preserve affordable housing. Still, Stonington’s future feels increasingly uncertain, as both its economy and identity are tested by rising seas and outside economic forces. As operations manager Garrett Aldrich put it, despite planning and funding, “there will be more damage, and more pain, before we’re done.”

By downeastlaw, ago

Employer Liability

James Spencer et al. v. V.I.P., INC., 2006 ME 120

The Maine Supreme Court ruled on a case that suggests greater liability for employers for actions of their employees.  The case concerned an employee who was driving home after completing a work assignment when he crashed into another vehicle, killing one and injuring two others. 

The significance of the Court’s ruling is its indication that in future cases, Maine courts should allow for an expansion of time when an employer may be legally liable for the actions of an employee.  The dissenting judges in the case noted that the ruling is a change in Maine law.  The legal standard has been that a person who is “going to or coming from work is responsible for his or her own actions.” 

Under Maine law, an employer is liable for the actions of an employee when their actions were within the “scope of employment.”  To determine if the specific actions were within the scope of the employment, the court will look at three factors: (1) if the action was the type the employee was hired to perform; (2) the action took place substantially within the time and space as authorized by the employer; and (3) the action was done, at least in part, to benefit the employer.  

The exact impact of the Court’s ruling is not yet known, though the ruling may lead to an employer being liable for the actions of an employee when they are driving to or from work or a specific assignment.  The ruling in the case overturned a lower court’s dismissal of the case at an early stage of the case, and the Court did not articulate a new standard for the lower court to use, or for other future Maine cases.  The Court did not explain what specific facts it found to be different in this case, or if it thought the current standard was outdated.  However, based on the somewhat limited facts of the case,  employers should be aware that they may be liable for their employees’ actions while they are driving to or from work, or on a specific assignment.  

By downeastlaw, ago

Rockland affordable housing bond

Bangor Daily News:

Rockland, Maine has become the first municipality in the state to approve a bond specifically for affordable housing development. Voters passed a measure on June 10 allowing the city to borrow up to $10 million to support affordable and workforce housing initiatives. The goal is to add 50 housing units annually for the next decade to address the region’s housing crisis.

The bond, designed to be revenue-neutral, may fund infrastructure, land acquisition, and low-interest loans, with repayment and property tax revenue expected to offset costs. Priority will be given to creating housing for the “missing middle”—those who earn too much for low-income programs but cannot afford market rates. Use of the funds and eligibility criteria will be overseen by the city’s Housing Task Force, with City Council approval. Implementation is expected to begin in the fall.

By downeastlaw, ago

Parts of Maine hit hardest by the housing crisis 

A wave of migration in the pandemic years coupled with historic underproduction of new housing pushed prices and values up, and middle- to low-income earners out of affordable homeownership. While the heavily populated southern part of the state has gotten most of the attention, Zillow data shows that home values have actually skyrocketed most in an odd mix of inland towns.

Source: Bangor Daily News

By downeastlaw, ago

More people are selling their 2nd homes in Maine

It’s still far from clear whether the changes in the market will persist or that the recession fears will come true. Maine home values have leveled off over the past year compared with earlier in the COVID-19 pandemic, according to Zillow. In a recession, the lack of supply here could lead prices to hover longer before falling, according to a recent Realtor.com outlook.

Source: Bangor Daily News

By downeastlaw, ago

Discontinued Road lawsuit in Freedom

“The family has always considered the portion of road by their land abandoned, and therefore their private property.

But not everyone in town agrees: Officials mentioned at multiple meetings last summer that the road is open to the public, Hadyniak said, and that the family is illegally posting it. The Hadyniak’s wooden barricades were run over by an ATV later that month, and shortly after, a private property sign was vandalized to say “town road open to public.”

Now, Hadyniak, an attorney, is representing his family in a lawsuit against the town, claiming ownership of part of the road. The town is fighting back, wracking up thousands in legal fees, paid by taxpayers, to counter that the family is obstructing a public right of way.”

CentralMaine.com

By downeastlaw, ago

The “Floating Camps” loophole

floating camp
The state says the floating camps are blocking the views from houses and camps onshore, posing pollution risks, and creating congestion at public docks and boat ramps. Some are even being used as seasonal rental properties.

Because they are not solidly onshore, these camps are beyond the reach of private property boundaries and shore regulations that protect the water and fishery from pollution. And because Maine doesn’t have a clear definition of what is a boat and what isn’t, there’s no consensus of what regulations apply to the structures.

Source: Bangor Daily News 

By downeastlaw, ago

Contamination plague Maine towns

Soil Preparation Inc., the private Plymouth-based company that owns the plant, was bringing in out-of-state sludge and local waste to process into farmland fertilizer. It had placed standpipes with sprinkler heads throughout the woods between its and Seavey’s properties to disperse the wastewater it had squeezed out of the sludge, a mixture of human, food and other waste that was about 80 percent liquid.

Source: Bangor Daily News

By downeastlaw, ago