R. BRUCE MONTGOMERY et al.
EATON PEABODY, LLP et al
on Briefs November 19, 2015.
Davis, Esq., Jim Mitchell and Jed Davis, P.A., Augusta, for
appellants R. Bruce Montgomery and Wanda Haddock.
Albert, Esq., and Daniel J. Mitchell, Esq., Bernstein Shur,
Portland, for appellees Eaton Peabody, LLP and William V.
G. Large, Esq., and Heidi J. Hart, Esq., Richardson, Whitman,
Large & Badger, for appellee Clifford H. Goodall.
SAUFLEY, C.J., and ALEXANDER, MEAD, JABAR, and HJELM, JJ.
[¶1] R. Bruce Montgomery and Wanda Haddock
(collectively, Montgomery) appeal from a judgment of the
Superior Court (1) granting Judy A.S. Metcalf and William V.
Ferdinand Jr.'s (collectively, the Eaton Peabody
attorneys) motion to dismiss multiple counts of
Montgomery's complaint for legal malpractice, and (2)
denying Montgomery's motion for leave to file a third
amended complaint. We affirm the judgment.
[¶2] In 1960, Montgomery's parents
purchased seven shorefront lots of land in Georgetown,
numbered thirty-seven through forty-three on a 1935
subdivision plan recorded in the Sagadahoc County Registry of
Deeds. In 1974, Georgetown adopted a Shoreland Zoning
Ordinance (SZO), which applied to properties located within
250 feet of the normal high water line, including the
Montgomery lots. The SZO created requirements that all
buildings in the zone be set back a certain distance from the
normal high water line, and that lots created in the zone
have an area of at least 20,000 square feet. However,
properties that predated the effective date of the ordinance
were considered " grandfathered" or "
nonconforming lots of record" and accordingly were
exempt from the requirements of the SZO.
[¶3] When the SZO was adopted in 1974, a
single-family residence spanned lots thirty-seven,
thirty-eight, and thirty-nine, and a studio was located on
the remaining lots. The lots were under the common ownership
of Montgomery's parents from 1960 until 1975, when
Montgomery's parents executed the first of a series of
conveyances between themselves individually and later to
Montgomery and his siblings. The 1975 conveyance partitioned
lots thirty-seven and thirty-eight from the others, resulting
in a property that was less than 20,000 square feet. In 1999,
lots thirty-seven and thirty-eight were conveyed to
[¶4] In 2004, the Georgetown Planning Board
granted Montgomery one building permit for two distinct
projects on the property: the expansion of the principal
structure and the addition of a garage as a new accessory
structure. While construction of the garage was underway, the
Georgetown code enforcement officer determined that the
structure was not being built according to the specifications
in the permit and that ...