PORTLAND, Maine — Former Portland Mayor Ethan Strimling won his appeal to the Maine Superior Supreme Court Monday, being granted a new trial with one major difference: his trial will have a jury.
Strimling, who served as mayor of Portland from 2015 to 2019, originally appeared in court on April 12 to defend an eviction lawsuit with his attorneys that was brought on by his landlord, Geoffrey Rice.
Strimling was served eviction papers from Rice at the end of August last year, and was told he had until Dec. 1 to be out of his Congress Street apartment.
The former mayor claims the eviction was a retaliation for forming a tenants union, Trelawny Tenants Union, as well as fighting against illegal rent increases.
In Maine, it's illegal for a landlord to retaliate against a tenant, though landlords can, however, evict tenants without citing a reason.
"I'm almost positive it's because of my leadership within the Trelawny Tenants Union," Strimling testified in court.
Rice disagreed in court, saying the eviction wasn't a retaliation and that he didn't have to provide a reason because he's not retaliating. Rice did say, however, that he had "had enough" when Strimling challenged him over a $50 charge for leaving a window open in his apartment.
Cumberland County District Court Judge Susan Oram on April 20 ruled that Rice had possession of Strimling's apartment and that he could evict him.
Strimling's lawyer Scott Dolan told NEWS CENTER Maine in an email on April 21 that he and Strimling planned to file an appeal for a new trial by jury.
"If this ruling is allowed to stand, landlords will now be free to retaliate against the tenant with impunity so long as the landlord has even the flimsiest excuse for doing so," Dolan said in the email.
Back in February of this year, the Portland Rent Board ruled in favor of complaints from the Trelawny Tenants Union saying Rice could no longer charge his tenants for a share of taxes on businesses on the first floor of the building or on his penthouse.
The Portland Rent Board also assessed Rice a fine of $15,000 for violating a rent control ordinance that Strimling had fought for himself, "being a longtime tenant advocate before, during, and after his term in office."
Now, the Maine Superior Court has granted Strimling's appeal, finding that a jury trial is warranted on the following two material questions of fact reported in a news release issued by Dolan Monday:
- Whether landlord Rice scheduled the May 25 meeting where he evicted Strimling in response to correspondence regarding a window fine, or Strimling's participation in Trelawny Tenants Union.
- Whether Strimling's participation in the tenants' union was discussed during said meeting.
"On each point, Justice O'Neil made clear that there is evidence for a jury to find in Strimling's favor, and that finding in favor of Strimling on either question, will lead to a different outcome," Dolan said in the release.
"This ruling confirms exactly what we argued in the appeal, that Mr. Rice's reasons for trying to evict Mayor Strimling are legally questionable at best and that Mr. Strimling has a constitutional right to have a jury decide whether Mr. Rice unlawfully retaliated against Mr. Strimling for his role in the Trelawny Tenants Union," Dolan added in the release.
"Mr. Rice has created a building with unsafe living conditions, he has attempted to impose illegal rent increases, and he has intimidated tenants with fear of eviction," Strimling said in Dolan's release. "In response, we formed a tenants' union which he is trying to break. Forming a tenants' union is the right of every tenant in Maine and we will fight this case until justice is served."
The date for Strimling's new court hearing by jury has not yet been announced.