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19 Me B. Bull. 1 (1985)

handle is hein.barjournals/mainbabu0019 and id is 1 raw text is: VOLUME 19 NO. 1 MAINE STATE BAR ASSOCIAT!ON JANUARY 1985 THE NEGOTIATION PROCESS IN PUBLIC/PRIVATE DEVELOPMENT PROJECTS: FOUR PRESUMPTUOUS RULES FROM THE LAWYER FOR THE DEVELOPER PRACTICE BEFORE THE STATE CLAIMS BOARD of the Northern New England Chapter of the American Planning Association in Portland, Maine on September 20, 1984. I consider it a privilege to participate in today's program. I have great re- spect for the planning process, particu- larly after seeing what intelligent plan- ning can do for a city like Portland. However, I must confess that I ap- proach my remarks with some misgiv- ings. I know that lawyers often benefit from the assumption that they know what they are doing. Indeed, much of our jargon is designed to create the im- pression that we are the only ones who know what we are doing. I suspect that lawyers involved in the development process also benefit from the assumption that there is more to Seep. 8 CHEAPER BOOZE AT KITTERY: IS IT CONSTITUTIONAL? Professor of Law, Faculti de Droit, Univer- siti Laval; and a member of the Bars of Maine, the District of Columbia, and of the Supreme Court of the United States. Just about from the beginning, the Supreme Court of the United States has recognized the authority of the states to control and regulate the man- .. ufacture and sale of intoxicating liquor within their borders. Indeed, as early as 1846, Chief Justice Taney wrote as • follows in The License Cases:' But although a State is bound to re- ceive and to permit the sale by the importer of any article of merchan- dise which Congress authorizes to be imported, it is not bound to fur- Edward C. Hudon, Esquire nish a market for it, nor to abstain The author is a former Librarian of the from the passage of any law which it Supreme Court of the United States; a former See p. 12 Joanne S. Sataloff, Esquire The author is a graduate of the University of Pennsylvania and the University of Maine School of Law. Ms. Sataloff served as assis- tant District Attorney for Cumberland Coun- ty 1977-1980 and as chairperson of the State Claims Board 1980-1984. Ms. Sataloff re- sides in Cape Elizabeth, Maine. In 1977 the Maine Legislature en- acted 23 M.R.S.A. §§151-161 creating the State Claims Board. Section 151 outlines the primary purpose of the Board, which is to determine just com- pensation in cases of taking by the State of land under its eminent domain power.' Prior to 1977, such cases were resolved by the Land Damage Board Seep. 22 NOTICE Francis C. Marsano wins THIRD VP seat. See Tellers of Election report on page 3. Kermit V. Lipez, Esquire Editor's Note: The following remarks were delivered by Mr. Lipez at a Conference

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