About Bruce Read

Bruce was raised in upstate New York in the town of Dryden, located just outside of Ithaca, where his father was the pastor of the Presbyterian Church.  He graduated from Dryden High School in 1975 and went on to nearby Colgate University, graduating in 1979 with a Bachelor of Arts Degree in Spanish and English.  During his undergraduate studies, Bruce spent 8 months living in Granada, Spain.  On campus, he also focused on the works of Shakespeare and William Faulkner. Upon graduation, he accepted a position in the Peace Corp (Dominican Republic), but the program was de-funded.  He then took a year off to live and work with an attorney in Clearwater, Florida prior to matriculating at Vermont Law School in the fall of 1981.   Bruce received a J.D. from VLS in 1983 and moved to Ocean Park, Maine, residing in his family’s summer home while studying for the Maine bar exam.  He was admitted to practice in all Maine Federal and State courts in October of 1983.  Ocean Park has been part of Bruce’s heritage since the early 1960’s when his family came in the summers, first toting a Coleman tent on the roof of their station wagon and then graduating to renting and owning property.  His mother, Edith, frequently sang in the Ocean Park Temple and Bruce worked many summers in the Ocean Park Restaurant (now the administrative offices and Post Office).  He now serves as legal counsel to the Ocean Park Association and The Pines, an Ocean Park retirement community.

Bruce is an active outdoorsman, enjoying fly fishing, primarily in salt water, upland bird hunting with his German shorthaired pointer, golf, tennis, hiking and recreational boating.  He is married to Kirsten Jensen Read and lives on a restored dairy farm in Arundel. Together they have three daughters: Helen, Anne, and Madi.

Bruce has served in leadership positions on the Kennebunk Free Library Board (President),  Kennebunk Portside Rotary (President), Laudholm Trust (current chairman of the board of trustees), and has served in numerous volunteer capacities at the Webhannet Golf Club.

Over his legal career, Bruce has appeared before the Maine Supreme Court a number of times, primarily in cases involving zoning and land use matters.

Bruce’s Cases (click on heading for the PDF):

Elisha Edward CAMP et al. v. TOWN OF SHAPLEIGH et al.

Property owners appealed judgment of the Superior Court, York County, Fritzsche, J., vacating decision by town’s zoning board of appeals that granted owners variance from setback requirements that would allow them to build structure on property.

Robert LOGAN v.CITY OF BIDDEFORD et al.

Owner of shorefront property sought review after city planning board denied his application for permission to build second residence on his four lots. City board of zoning appeals affirmed decision, and owner sought judicial review. The Superior Court, York County, Fritzsche, J., affirmed decision. Owner appealed, and the Supreme Judicial Court, 772 A.2d 1183, vacated and remanded. After property owner obtained building permit, the zoning board of appeals determined that building inspector erred in granting the permit. Property owner appealed, and the Superior Court vacated the decision of the zoning board of appeals. City appealed.

Robert LOGAN v.CITY OF BIDDEFORD et al. pt II

Owner of shorefront property sought review after city planning board denied his application for permission to build a home on property. City board of zoning appeals affirmed decision, and owner sought judicial review. The Superior Court, York County, Fritzsche, J., affirmed decision. Owner appealed. The Supreme Judicial Court, Calkins, J., held that: (1) a scrivener’s device of describing lots in a deed by using an outside perimeter does not destroy the separate character of the lots, and (2) whether deed through which owner acquired four contiguous shoreline lots effected a merger of lots could not be determined only with reference to deed, and required inquiry into history of parcels, and applicable zoning ordinance.

Greg BURKE v. PORT RESORT REALTY CORPORATION.

Employee brought action against his former employer for unpaid commissions. The Superior Court, York County, Fritzsche, J., entered summary judgment for employee, and appeal was taken. The Supreme Judicial Court, Rudman, J., 714 A.2d 837, vacated and remanded. On remand, the Superior Court, York County, Humphrey, J., entered judgment for employee, and employer appealed. The Supreme Judicial Court, Alexander, J., held that employee who met with employer’s president and demanded payment and who, through his lawyer, sent a letter reiterating his demand for payment made a proper demand for payment so as to satisfy requirements of statute providing that employee leaving employment must be paid in full within a reasonable time after demand.

KEY TRUST COMPANY OF MAINE v. NASSON COLLEGE et al.

Lender sued college, seeking foreclosure and sale of certain college buildings following college’s alleged default under supplemental indenture of mortgage and deed of trust documents. The Superior Court, York County, Fritzsche, J., granted lender’s motions for protective order and for summary judgment. College appealed. The Supreme Judicial Court, Clifford, J., held that: (1) affidavit of college’s chairman of the board did not assert any reliance by college and thus could not support college’s affirmative defense of estoppel or forbearance, and (2) trial court was within its discretion in granting lender protection from discovery.

H.E. SARGENT, INC. v. TOWN OF WELLS.

Owner of gravel pit sought judicial review of zoning board decision barring further operation of gravel pit without planning board site approval, in accordance with town’s land use ordinance. The Superior Court, York County, McKinley, A.R.J., affirmed decision of zoning board, and owner appealed. The Supreme Judicial Court, Rudman, J., held that: (1) pit was not “legally operating” on particular date, such that pit could continue to be operated as nonconforming use under local land use ordinance; (2) town was not equitably estopped from asserting that pit was not “legally operating” on that date; (3) town’s enforcement of ordinance was not barred by laches; and (4) owner had sufficient notice of issues to be addressed at reconsideration hearing before zoning board.

TOWN OF OGUNQUIT v. Mark YOUNG et al.

The Superior Court, York County, found individual in contempt for violating permanent injunction and imposed sum certain fine and determinate jail term on individual, who appealed. The Supreme Judicial Court, McKusick, C.J., held that: (1) judgment was criminal contempt judgment, rather than civil contempt judgment, and was accordingly subject to requirements of criminal procedural rule requiring inclusion of certain items in notice of criminal contempt proceeding; (2) appeal from contempt judgment was not restricted by statute providing that no appeal lies from any order or decree for contempt, save upon questions of jurisdiction, as proceeding which resulted in judgment of criminal contempt was controlled by criminal procedure rule rather than by the statute; and (3) criminal contempt judgment that did not satisfy requirements of criminal procedural rule would be vacated.

TOWN OF OGUNQUIT v. Kenneth YOUNG, Jr., et al.

Town sued to enjoin boat owners from mooring vessel at town harbor except as permitted by town harbor master and applicable town ordinance. The Superior Court, York County, entered judgment in favor of plaintiff, and defendants appealed. The Supreme Judicial Court, McKusick, C.J., held that boat owners asserting right to moor boat as lessees of lot which allegedly abutted on harbor shoreline had burden of proving that lot included shore rights on harbor.

GRAND BEACH ASSOCIATION, INC. et al. v. TOWN OF OLD ORCHARD BEACH, et al.

Landowner appealed judgment of the Superior Court, York County, reversing building height variance granted to him by zoning board of appeals. The Supreme Judicial Court, Wathen, J., held that grant of variance on ground that land would not otherwise yield reasonable return was not supported by substantial evidence that return for building constructed in conformity with building height restriction was unreasonable.

 

Bruce’s law practice is now focused on transactional real estate work and on representation of clients in real estate and zoning matters, including developers, those opposing development, and other clients with zoning and real estate disputes.  Bruce has assisted a number of local golf clubs and developers in permitting and real estate matters and has appeared before virtually all the municipalities in York County at some level (Planning Board, Zoning Board, Selectmen, etc.).  He is well versed in residential and commercial real estate transactions, having closed many sales and refinances over the past 25 years.  His clients have included lenders, borrowers, buyers and sellers.

Another major element of Bruce’s law practice is small business formation and representation.  This includes but is not limited to the formation of condominiums and the drafting of required documentation, and a full spectrum of small and/or family run limited liability companies, corporations, and partnerships.  Bruce currently serves as Clerk to approximately 100 such entities.