Court favors former housing director in 10-year legal saga

The 10-year Dickensian legal saga ensuing from the break-in at the residence of a former executive director of the Pleasant Point Passamaquoddy Housing Authority appears to have finally reached its ending. On April 16, the Passamaquoddy Tribe's Appellate Court ordered the housing authority to pay Pamela Francis' attorney's fees, which amount to over $150,000.

Tribal Appellate Judge Jill Tompkins upheld the Sipayik Tribal Court's ruling in favor of Francis that the housing authority's break-in at her residence in 1998 constituted a trespass and that Francis is entitled to ownership of the Pleasant Point home, once she has paid the remainder of the purchase price. The ruling by the appeals court reversed the tribal court ruling, though, on attorney's fees, finding that the "tribal court erred in failing to award Francis reasonable attorney's fees incurred in the prosecution of her case in tribal court." However, appellate judge denied the tribal court's award of $50 for a broken canoe paddle and $100 for a 1986 Chrysler Le Baron that was towed by the housing authority.

While the tribal court ruled that the tribe's Fair Housing Code's statement concerning the payment of attorney fees "where allowed by law" refers only to Passamaquoddy law, Judge Tompkins found that the Sipayik Constitution and the Fair Housing Code "direct the tribal judiciary to look to principles of the law of the State of Maine to supplement and interpret the code." Maine law states that tenants may recover "reasonable attorney's fees" if a landlord is found by a court to have made an entry in violation of state law.

The housing authority's attorneys, though, on April 27 filed a motion for reconsideration of the award of attorney's fees, arguing that the tribe's sovereign immunity protects it from liability for attorney's fees. On May 11, Judge Tompkins denied the housing authority's request.

Francis' attorney, Curtis Webber of the Auburn law firm Linnell, Choate and Webber, says Francis' attorney fees will be in excess of $150,000, although he expects that there may be some dispute about particular fees. The housing authority's insurance company will cover those fees. In March 2008, Francis indicated that her legal fees amounted to $275,000.

Webber notes that ownership of the house, in which Francis has made over $200,000 worth of improvements, has been in dispute during the 10-year legal battle.

An attorney for the housing authority, Kaighn Smith of the firm Drummond, Woodsum and McMahon of Portland, had no comment on the ruling by the appellate court.

In March 2008, Passamaquoddy Tribal Judge Rebecca Irving had issued a decision in favor of Francis, finding that the housing authority's actions in 1998 constituted "a trespass, conversion of property and an illegal eviction." The housing authority was ordered to give Francis the deed to the house once she has paid $3,048.60, the remainder of the $35,000 purchase price.

Francis, though, was only awarded $10,462 in damages, including $10,000 for emotional distress. The tribal court held that punitive damages were not available because the housing authority is a governmental entity immune from such damages.

Francis then pursued a jury trial in the state court system, seeking $25,000 in punitive damages and her legal fees. The Maine Supreme Judicial Court ruled in December 2008 that the lawsuits properly were heard in tribal court and should not be in the state courts.

Over the 10 years of the legal battle, court cases have been pursued in both state and tribal courts, with the lawsuit in state court having gone to the Maine Supreme Judicial Court four times.