Case law

Abbott v. Jackson

84 Me. 449 · Supreme Judicial Court of Maine · Apr 19, 1892

Per Elliot, J., in Purcell v. … Dec. 661 ; Welch v. Wilcox, 100 Am. Dec. 114 ; Elliott v. Rhett, 57 Am. Dec. 759 ; Purcell v. English, 44 Am. Rep. 262 ; Bowe v. Hunking, 46 Am. Rep. 474 ; Herman v. Roberts, 16 Am. St. Rep. 803 ; Edwards v.

Rockland Plaza Realty Corp. v. City of Rockland

772 A.2d 256 · Supreme Judicial Court of Maine · May 11, 2001

Musk v. Nelson, 647 A.2d 1198, 1201 (Me.1994). … Mayberry, 599 A.2d at 1154 (quoting Farley v.

Mattocks v. Chadwick

71 Me. 313 · Supreme Judicial Court of Maine · Aug 4, 1880

Brown, 1 Denio, 247 ); will not take a case out of the statute, except upon proof of performance of the condition. Proof of the promise only is not sufficient. Read v. Wilkinson, 2 Wash. C. C. 514; Lonsdale v. … Brown, 3 Wash. C. C. 404 ; Kampshall v. Goodman, 6 McL. 189. In the case now before us, the defendant’s promise was conditional. He said, " I would say now as I said before, and also told Mr.

State v. Knight

55 L.R.A. 373 · Supreme Judicial Court of Maine · Aug 13, 1901

In State v. … This is the sense in which ‘irresistible impulse’ was defined in Hopps v. People, 31 Ill. 385 , and Dacy v. People, 116 Ill. 556 .” See also State v. Felter, 25 Iowa, 67 : State v. Mewherter, 46 Iowa, 88 ; State v.

Northeast Harbor Golf Club, Inc. v. Town of Mount Desert

618 A.2d 225 · Supreme Judicial Court of Maine · Dec 30, 1992

The court affirmed the Planning Board’s ruling. See Northeast Harbor Golf Club v. Town of Mount Desert, No. CV-91-103 (Me.Super.Ct., Han. Cty., Mar. 17, 1992) [Golf Club v. Town ]. … In Arsenault v.

Smart v. Aroostook Lumber Co.

103 Me. 37 · Supreme Judicial Court of Maine · Aug 10, 1907

Veazie v. Dwinel, 50 Maine, 479; Gerrish v. Brown, 51 Maine, 256; People v. Cunningham, 1 Denio, 524 . … Brown, 102 Maine, 47.

Bridgeman v. S.D. Warren Co.

872 A.2d 961 · Supreme Judicial Court of Maine · Mar 16, 2005

v. … v.

Fitanides v. Perry

537 A.2d 1139 · Supreme Judicial Court of Maine · Feb 12, 1988

We have held that avenue of appeal is the exclusive remedy to challenge the action of the Board of Appeals unless it is somehow inadequate. Colby v. York County Comm’rs, 442 A.2d 544, 547 (Me.1982); Fisher v. … Town of North Berwick v. Jones, 534 A.2d 667, 670 (Me.1987).

Lee Academy Education Ass'n v. Academy

556 A.2d 218 · Supreme Judicial Court of Maine · Mar 30, 1989

SAD 30 has been represented on the Academy's governing boards for over a decade; presently the chairman of SAD 30’s board is an ex officio voting member of the Academy’s eight-member board of directors, and that chairman … See Baker Bus Service, Inc. v. Keith, 416 A.2d at 729 . Cf. 39 M.R.S.A. § 99 (Pamph. 1988); Dunton v.

Blackman v. Harris Baking Co.

407 A.2d 21 · Supreme Judicial Court of Maine · Oct 26, 1979

Earlier, in Brown v. … conditions of employment (Brown).

Glasser v. Town of Northport

589 A.2d 1280 · Supreme Judicial Court of Maine · Apr 22, 1991

Valente v. City of Westbrook, 543 A.2d at 1375 ; Cunningham v. Kittery Planning Board, 400 A.2d 1070, 1079 (Me.1979). … See Lerman v. Inhabitants of Portland, 406 A.2d 903, 904 (Me.1979). In any case, because we review the Planning Board’s action directly, see Driscoll v.

Juliano v. Town of Poland

725 A.2d 545 · Supreme Judicial Court of Maine · Mar 2, 1999

Group v. Town of Winthrop, 585 A.2d 190, 192 (Me.1991). We review the decision of a board of appeals for “abuse of discretion, error of law, or findings unsupported by substantial evidence in the record.” Lewis v. … We are bound to affirm the decision of a board of appeals unless it was “unlawful, arbitrary, capricious or unreasonable.” Driscoll v.

Lake v. Milliken

62 Me. 240 · Supreme Judicial Court of Maine · Jul 1, 1873

In Ricker v. Freeman, 50 N. … This rule was affirmed and applied in Cranch v. Great Northern Railway, 11 Exch., 472, and in Mullet v. Mason, L. R., 1 C. P., 559. In Fairbanks v.

Lunt v. Stimpson

70 Me. 250 · Supreme Judicial Court of Maine · Oct 10, 1879

At the January term, 1879, of the supreme judicial court judgment was rendered reversing the judgment of Brown v. Lunt, for the cause alleged. … Mosher v. Jewett, 63 Maine, 84.

Perkins v. Town of Ogunquit

709 A.2d 106 · Supreme Judicial Court of Maine · Mar 2, 1998

Benjamin v. … Barnard v.

Coombs v. Fessenden

116 Me. 304 · Supreme Judicial Court of Maine · Jul 25, 1917

Wyman v. Brown, 50 Maine, 139, and the grantor may reserve full power and control over the land thus conveyed during his natural life. Brown v. Smith, 52 Maine, 141; but not over the deed.” Brown v. … Brown v. Brown, 66 Maine, 316. A father assigned certain mortgages to his son, with instructions that in case he died, to put them on record at once.

Freeman v. Town of Southport

568 A.2d 826 · Supreme Judicial Court of Maine · Jan 9, 1990

Such board of appeals shall be governed by section 2411.... 2 *828 The Town of Southport had established a zoning board of appeals. In Cushing v. … See Levesque v.

Kevin F. Strong v. Rebecca M. Brakeley

137 A.3d 1007 · Supreme Judicial Court of Maine · Apr 21, 2016

Curtis v. … Pitts v.

Cardinali v. Town of Berwick

550 A.2d 921 · Supreme Judicial Court of Maine · Dec 2, 1988

Planning boards and other agencies have the inherent power to reconsider actions previously taken. Jackson v. Town of Kennebunk, 530 A.2d 717 (Me.1987). … See Burr v. Town of Rangeley, 549 A.2d 733, 735 (Me.1988), citing Chongris v. Board of Appeals, 811 F.2d 36, 42 (1st Cir.1987); Creative Environments, Inc. v.

Total Quality, Inc. v. Town of Scarborough

588 A.2d 283 · Supreme Judicial Court of Maine · Mar 5, 1991

Ass’n v. Town of Naples, 486 A.2d 91, 94 (Me.1984). … Contrary to Total Quality’s contentions, the Planning Board did not abuse its discretion or exceed its authority in imposing these requirements. See Rockland Plaza Realty Corp. v.