Town of China v. Albert Althenn

2013 ME 107, 82 A.3d 835, 2013 WL 6448595, 2013 Me. LEXIS 108
CourtSupreme Judicial Court of Maine
DecidedDecember 10, 2013
DocketDocket Ken-12-544
StatusPublished
Cited by3 cases

This text of 2013 ME 107 (Town of China v. Albert Althenn) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of China v. Albert Althenn, 2013 ME 107, 82 A.3d 835, 2013 WL 6448595, 2013 Me. LEXIS 108 (Me. 2013).

Opinion

SILVER, J.

[¶ 1] Albert W. Althenn appeals from a judgment of the District Court (Augusta, Dobson, J.) finding that he maintained an automobile graveyard on his property in violation of 30-A M.R.S. § 3753 (2012); ordering him to either remove three unregistered, uninspected vehicles from his property or to store them in a building; and imposing a civil penalty and attorney fees. The Town of China cross-appeals from the District Court’s denial of its second request for attorney fees in connection with responding to Althenn’s post-judgment motion for findings of fact and conclusions of law. We affirm the judgment and the denial of the Town’s request for attorney fees.

I. BACKGROUND

[¶2] The trial court found the following facts. The Town identified four 1 unregistered, uninspected vehicles on Al-thenris property: a 1978 GMC Grumman box van, a 1962 GMC C60 truck, a 1984 3/4-ton truck, and the body of a 1978 Ford van. Althenn did not have a permit to operate an automobile graveyard. The Secretary of State had issued Althenn a certificate identifying the box van as an antique auto, and Althenn continued to use it for its original purpose of transporting and storing small sports cars. Althenn started the 1962 GMC truck once or twice a year, but did not move it. The body had been removed from the 3/4-ton truck. A family of raccoons lived in the 1978 Ford van.

[¶ 3] Althenn testified that he planned to use his vehicles when he retired. At an earlier point in his life, he had taken cars to shows and exhibitions. Specifically, he testified that he had taken his 1962 GMC truck to ‘World of Wheels and Autorama at the Hynes Auditorium in Boston” sometime in the early 1980s. In addition, he argued that because he occasionally used his 3/4-ton truck to plow snow and haul firewood on his property, it was a logging tractor exempt from registration, 2 and *838 could not be counted as violating the automobile graveyard statute.

[¶ 4] The trial court concluded that only the box van qualified as an “antique auto,” and that each of the other vehicles failed to meet the statutory definition because they were not being actively used in exhibitions or other events of public interest. 3 It also rejected Althenn’s characterization of his 3/4-ton truck as a logging tractor. Consequently, it ordered Althenn to pay a civil penalty of $1500, as well as attorney fees and costs amounting to $8509.46. It also ordered Althenn to remove all four vehicles from his property, or to store them inside a building, within thirty days after the date of the judgment.

[¶ 5] Althenn filed a motion for additional findings of fact, raising several issues. The Town opposed the motion and argued that it was untimely. It also requested an additional award of $555 to compensate for fees incurred in response to the motion. The trial court determined that Althenn’s motion was timely, but declined to address most of the issues Al-thenn raised. However, it did note that the original order incorrectly required Al-thenn to remove all four vehicles from his property, even though the court had explicitly found that the box van was an antique auto and therefore was not in violation. It amended the judgment accordingly to reflect that Althenn was only required to remove or store three vehicles. The court denied the Town’s request for additional attorney fees. Althenn appealed, and the Town cross-appealed on the issue of attorney fees.

II. DISCUSSION

A. Althenn’s Vehicles

1. “Antique Autos”

• [¶ 6] Althenn argues that the trial court impermissibly created a standard for meeting the definition of “antique auto” that is higher than that required by statute. We disagree. Statutes are ambiguous only if reasonably susceptible to different interpretations; otherwise, they are to be interpreted according to their plain meaning. Peters v. O’Leary, 2011 ME 106, ¶ 13, 30 A.3d 825. We have previously held that the automobile graveyard and junkyard statute does not force people of general intelligence to guess at its meaning. See Town of Mount Desert v. Smith, 2000 ME 88, ¶6, 751 A.2d 445 (construing 30-A M.R.S. § 3751 (1996) et seq.); Town of Pownal v. Emerson, 639 A.2d 619, 621 (Me.1994) (construing 30-A M.R.S. § 3752 (Pamph. 1993) and holding that the statute is not unconstitutionally vague).

*839 [¶ 7] The fact that Althenn disagrees with the trial court’s application of the statute to the facts of this particular case does not mean that the court misapprehended the meaning of the statute. The trial court’s determination that Al-thenn’s vehicles were not antique autos is a factual finding. As such, we review it only for clear error, and will reverse only if there is no competent evidence in the record to support it. Morin Bldg. Prods. Co., Inc. v. Atl. Design and Constr. Co., Inc., 615 A.2d 239, 241 (Me.1992).

[¶ 8] Ample evidence in the record supports the trial court’s findings. Althenn’s own testimony established that his use of the vehicles was infrequent at best. He did testify that he had a subjective intent to use the vehicles in exhibitions at some point in the future; however, the trial court concluded that his indefinite plans did not support a finding that the vehicles were kept primarily for use in exhibition-type activities. See Town of Pownal, 639 A.2d at 621.

[¶ 9] Contrary to Althenn’s assertion, the trial court did not find him to be in violation based on its conclusion that he did not qualify as a “hobbyist.” Although the court observed that “a hobbyist must be more actively and currently engaged in or have plans to engage in such activity,” in its analysis, it carefully applied the relevant statutory definition of antique auto. The trial court did not arbitrarily impose upon Althenn an artificial legal standard. Rather, it considered the evidence and explained the reasoning behind its ultimate decision. It did not misconstrue the applicable law, and its factual findings were not clearly erroneous.

2. “Logging Tractor”

[¶ 10] Althenn’s contention that the court impermissibly created a legal test to determine whether his activities met the definition of “logging” is likewise unpersuasive. The trial court concluded that Althenn used his 3/4-ton truck not only to haul firewood—which may or may not constitute “logging”—but also to plow snow. Althenn further testified that he used the truck for parts. On this record, the trial court’s finding that the truck was not a tractor used solely for logging purposes is not clearly erroneous.

3. “Altered Vehicle”

[¶ 11] Althenn further argues that the trial court erred by concluding that the 1962 GMC truck was an “altered vehicle” pursuant to 29-A M.R.S. § 101(2) (2012), 4

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Bluebook (online)
2013 ME 107, 82 A.3d 835, 2013 WL 6448595, 2013 Me. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-china-v-albert-althenn-me-2013.