Opinion

Maillard v. Brown

Court
Superior Court of Maine
Filed
Mar 9, 2020
Status
Unpublished
On the bench
William R. Stokes

The opinion

STATE OF MAINE SUPERIOR COURT

KENNEBEC, SS. CIVIL ACTION

DOCKET NO. AP-19-57

JAMIE MAILLARD,

Plain tiff-A ppe 11ee

V. DECISION ON APPEAL

TIMOTHY and GAIL

BROWN,

Defendants-Appellants

This is an appeal pursuant to 14 M.R.S. § 6008 from a judgment in a forcible

entry and detainer action entered in favor of the Plaintiff (Landlord) on November

25, 2019 (Nale, J.). The appeal is on questions of law only.

The court has listened to the recording of the hearing held on November 25,

2019, which includes the testimony of Jamie Maillard, Gwyneth Elvin, Hillary

Goodliff and Gail Brown. The court has also examined Plaintiff's Exhibits 1-12 and

Defendants' Exhibit 1. The District Court found: (a) that the presumption of

retaliation pursuant to 14 M.R.S. § 6021-A( 4 )(D) applied to the single-family house

located at 41 Bolton Hill Road in Augusta, and; (b) that the Plaintiff had rebutted

that presumption by satisfactorily showing that he was attempting to sell the home

well before the Defendants (Tenants) complained about the infestation of bedbugs.

This court concludes that the District Court's (Nale, J.) findings were rationally

supported by the evidence presented at trial.

The entry is:

The appeal of Defendants-Appellants is DENIED and the judgment of the

District Court is affirmed.

The Clerk is directed to incorporate this order in the docket of ~e.. by

reference in accordance with M.R.Civ.P. 79(a). ( /

l

Dated: March 9, 2020

\

Justice, Superior Court

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.