York Marine, Inc. v. M/V Intrepid (2016)

Decision: September 26, 2016; Levy, J.; order granting in part and denying in part a partial-summary-judgment motion. The full 27-page court order was retrieved from GovInfo.

Facts

A shipyard sued to foreclose a maritime lien for unpaid yacht storage, repair and maintenance. The owner counterclaimed after the yacht partially sank on a mooring and disputed repairs and charges. His insurer had paid substantial repair costs. The owner alleged conversion based on the shipyard’s retention before the federal arrest order. Order, pp. 1–7, 14–16.

Holdings and limits

• The shipyard possessed a common-law repair lien for unpaid services. Applying general-motors-acceptance-v-colwell-diesel-1973, the court rejected the owner’s conversion claim because he lacked an immediate right to possession. Disputed charges and potential offsetting damages did not, on this record, nullify the lien; federal arrest was not the exclusive means of retaining the vessel before arrest (pp. 14–16).
• The owner could pursue his deductible and supported claims for unreimbursed repairs, but not duplicative diminution-in-value damages, recreational loss of use, or a swim-platform theory previously disclaimed (pp. 10–14).
• The UTPA claim was not wholly preempted, but its automatic attorney-fee remedy conflicted with governing maritime standards; the corporate officer remained potentially liable for his own alleged tortious conduct without veil piercing (pp. 16–27).

The order did not approve a private auction, decide priority against a preferred mortgage, or adjudicate a purchaser’s free-and-clear title. Its partial-summary-judgment posture matters. Full order.

Later treatment

mccurdy-v-town-of-brunswick-2024, ECF 28 at p. 5, cites this decision for conversion’s three elements, not for an adjudication of maritime mortgage priority or lien-sale authority. That later use was retrieved in full. No exhaustive citator review or appellate-finality conclusion is claimed. Later order.

Applies in

maine · marina-and-storage-lien-sales-of-vessels · maritime-liens-and-preferred-ship-mortgages

Disclaimer. Legal information, not legal advice. This interlocutory decision addresses the record before the court and may be affected by later proceedings. Verify current law and the sale order before acting.