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DALE GRIFFIN and MICHAEL GRIFFIN, )
) Plaintiffs, ) )
v. ) Civil No. 05-52-B-W ) TOWN OF CUTLER, et al., )
) Defendants. )
RECOMMENDED DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
Dale and Michael Griffin appeal from the denial of their applications for permits to moor their fishing vessels in Cutler Harbor. In conjunction with that appeal, they maintain that the Town of Cutler, acting through its Harbor Masters, has violated their constitutional right to access Cutler Harbor on equal terms with the residents of Cutler, in violation of the Equal Protection Clause, and that it has pursued a municipal policy of preventing nonresident lobster fishermen from having full access to the Harbor for purposes of protecting resident lobster fishermen from competition, in violation of the Commerce Clause.  Now pending is the defendants' motion for summary judgment. I recommend that the Court grant the mo tion with respect to Counts II and VIII; grant summary judgment against the Commerce Clause claim asserted in Counts IV and V; grant summary judgment against some, but not all, of Count VI; grant summary judgment to defendants John Drouin and Robert Alan Cates on Count VII; and deny the motion in all other respects.  If adopted, this recommendation would leave two of the Rule 80B claims, an equal protection civil rights claim, including a conspiracy claim against the
of its boat ramp, and a tortious interference claim against Patrick Feeney and Alan Taylor.

Summary Judgment Material Facts
The following statement of facts is drawn from the parties' Local Rule 56 statements of material fact s in accordance with this District's summary judgment practice.  See Doe v. Solvay Pharms., Inc., 350 F. Supp. 2d 257, 259-60 (D. Me. 2004) (outlining the procedure); Toomey v. Unum Life Ins. Co., 324 F. Supp. 2d 220, 221 n.1 (D. Me. 2004) (explaining "the spirit and purpose" of Local Rule 56 ).  Pursuant to Rule 56 of the Federal Rules of Civil Procedure, all evidentiary disputes appropriately generated by the parties' statements have been resolved, for purposes of summary judgment only, in favor of the non-movant. Merchants Ins. Co. v. United States Fid. & Guar. Co., 143 F.3d 5, 7 (1st Cir. 1998).
John Drouin is a lobsterman who has been a resident of Cutler, Maine, for 25 years.  (Defs.' Statement of Material Facts (DSMF)

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Maine Law