Lawsuits against housing authority proceeding slowly

Nearly 10 years after the housing authority at Pleasant Point entered the home of its former executive director, Pamela Francis, and removed her possessions, two court cases arising from those actions are proceeding in separate jurisdictions in the tortuous and never-ending manner of Dickens' Bleak House. A lawsuit in state court has gone to the Maine Supreme Judicial Court three times, while this past week a four-day trial on another lawsuit brought by Francis was held in Passamaquoddy Tribal Court.

Earlier actions filed by the housing authority in district court -- to evict Francis and to divide ownership of the property -- were dismissed. In addition, in 2002 a settlement between the housing authority and Francis over her termination as executive director was upheld. Francis had alleged breach of her employment contract, and the housing authority had asserted a number of counterclaims. That legal dispute ended up costing the housing authority $125,000 in a settlement agreement, plus more than $160,000 in its own legal expenses, which are covered by insurance. Francis reportedly has paid $180,000 in legal expenses before the tribal court trial.

"It's a staggering amount of expenses and resources by both sides," comments attorney Melissa Hewey of the law firm of Drummond, Woodsum and McMahon of Portland, which is representing the housing authority. She adds that it is also unusual for two nearly identical cases to be proceeding in different courts. Francis' attorney, Curtis Webber of Linnell, Choate and Webber of Auburn, describes the case as "massive," with nearly 100 exhibits being entered by the attorneys for Francis and the housing authority.

Webber notes that Francis and her husband, who are presently living in Old Orchard Beach, have invested over $200,000 in the house, which came to be known as the "mansion." Ownership of the home is still in dispute, with the house still under the management of the housing authority.

Francis' current lawsuits were filed in both Washington County Superior Court and tribal court, with the case in state courts having been appealed to the Maine Supreme Judicial Court over the question of whether the state court system has jurisdiction in the dispute. Under the Maine Indian Claims Settlement Act, the tribal court has exclusive jurisdiction over cases that are considered internal tribal matters. Superior Court Justice E. Allen Hunter currently has under advisement a motion for summary judgment in the case. A decision is expected shortly. If the housing authority prevails, that case would end, but if the ruling favors Francis another trial would be held.

While the tribal court case, which was filed in 2002, is against only the housing authority, the superior court case was filed later against not only the housing authority but the five commissioners who were in office in 1998 and the executive director at that time, Colleen Dana-Cummings. The tribal court lawsuit seeks damages under the Passamaquoddy Fair Housing Code, while the superior court case asserts violations of the Maine Civil Rights Act, trespass, illegal entry and eviction. The housing authority filed counterclaims in tribal court to settle the issue of ownership of the property.

Attorney Webber would prefer having the issue resolved in superior court, since the tribal court did not allow for a jury trial, and it is not clear if punitive damages can be awarded in tribal court. Attorney Hewey comments, "The case belongs in tribal court. It's too bad that she's not able to accept that."

The housing authority has defended its position on two bases: that Francis was not legally entitled to the house and that she had abandoned the property. During the four-day tribal court trial, Denise Altvater, who was a housing authority commissioner and now works as a consultant to the housing authority, testified that during the spring of 1997 the housing authority became aware that teen partying might be going on in the house and that unauthorized entry into the house, which they believed was abandoned, was taking place. The commissioners then decided to secure the house. Under questioning by Webber, Altvater said that no one from the housing authority had tried to contact Francis, who was then living in Old Orchard Beach, before securing the house. Webber also argued that the housing authority should have known that Francis had a caretaker, Ralph Dana Jr., living in the house. Although the housing authority was going through the process of terminating Francis' homebuyers agreement, it did not have a court order for eviction.

Altvater also testified that Francis and her family were over the allowable income for Turnkey III housing units. She was not considered an eligible successor to the house in 1998 because of a debt she owed that was not paid. If she had paid the debt, then the housing authority could have made a determination of her eligibility for the unit.

In 1996, the U.S. Department of Housing and Urban Development (HUD) had notified the housing authority that it was being designated as "high risk" because of a number of serious deficiencies. Among the violations of HUD program requirements were the lack of a homebuyers agreement between the housing authority and Francis, with the HUD findings stating that Francis did not appear to be a qualified successor for occupying the house. If she was not an eligible successor, then the housing authority should have her vacate the house, the 1996 letter from HUD states.

In the tribal court case, Judge Rebecca Irving has set a November 20 deadline for post-trial briefs