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Waxler v. Central Maine Power
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 2001 ME 135
Docket: Cum-00-522
Submitted
on Briefs: September 19, 2001
Decided: September 20, 2001
Panel:WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.
ALFRED WAXLER
v.
CENTRAL MAINE POWER COMPANY
PER CURIAM
[¶1] Alfred Waxler appeals from an order entered in the Superior
Court (Cumberland County, Mills, J.) granting Central Maine Power
Company's (CMP) motion for a summary judgment on Waxler's claims for
breach of a statutory obligation to provide electrical service, negligence, and
conversion by wrongful interference. On appeal, Waxler contends that the
Superior Court erred in concluding that CMP was not negligent and was,
therefore, entitled to a summary judgment.
[¶2] Waxler's suit was based on CMP's action in disconnecting
electrical service from a property owned by Waxler after being ordered to do
so by the Chief Electrical Inspector for the City of Portland. CMP's actions,
complying with the mandate of the City of Portland's Electrical Code, §§ 6-
34, 6-57 and 6-71, were required by law. They were not negligent.
[¶3] Waxler's suit in Superior Court and this appeal are both wholly
frivolous. Accordingly, pursuant to M.R. App. P. 13(f), CMP is awarded treble
costs for this appeal, plus $500 for their attorney fees for defending the suit
and this appeal.
The entry is:
Judgment affirmed. CMP awarded treble
costs for this appeal and $500 towards
their attorney fees.
For plaintiff:
Alfred J. Waxler
P O Box 6681
Portland, ME 04103
Attorney for defendant:
R. Scott Mahoney, Esq.
Central Maine Power General Office
83 Edison Drive
Augusta, ME 04336
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