MSR RECYCLING, LLC, et al.
WEEKS & HUTCHINS, LLC, et al.
June 13, 2019
Phillip E. Johnson, Esq. (orally), Johnson, Webbert & Young,
LLP, Augusta, for appellants MSR Recycling, LLC, et al.
Whitman, Esq., and Heidi J. Eddy, Esq. (orally), Richardson,
Whitman, Large & Badger, Portland, for appellees Weeks &
Hutchins, LLC, et al.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and
[¶1] MSR Recycling, LLC; Fred Black
Properties, LLC; and Fred Black (collectively, MSR) appeal
from a summary judgment entered by the Superior Court
(Kennebec County, Stokes, J. ) in favor of Attorney
Matthew Clark and Weeks & Hutchins, LLC (collectively, Clark)
on MSRs complaint alleging attorney malpractice. The court
concluded that MSR failed to present evidence of causation to
proceed with its legal malpractice claim against Clark. We
vacate the judgment.
[¶2] In January 2012, MSR submitted an
application for site plan review to the Town of Madison Code
Enforcement Officer for approval of a commercial facility
that was to receive motor vehicles and appliances such as
stoves and refrigerators for transport to MSRs recycling
facility in Winslow. The Towns Planning Board held several
public hearings and meetings on MSRs application for site
plan approval during which the Board received evidence
concerning the facilitys satisfaction of the Towns Site
Review Ordinance requirements. The Board approved the
application on October 15, 2012.
Abutters to the site appealed the decision of the Planning
Board to the Towns Board of Appeals (BOA), and MSR hired
Clark to represent it before the BOA. The BOA met on December
6, 2012, for the purpose of hearing the appeal. Three members
of the BOA believed that the Planning Board had not properly
characterized the business to be conducted at the site and
that the facility was going to be an automobile and metal
recycling facility. The BOA voted 3-2 to reverse the
decision of the Planning Board. MSR, represented by Clark,
appealed the BOAs
reversal to the Superior Court pursuant to M.R. Civ. P. 80B;
however, Clark failed to file a brief, resulting in ...