Case law

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  • Aviation Oil Co. v. Department of Environmental Protection

    584 A.2d 611 · Supreme Judicial Court of Maine · Dec 14, 1990

    Hall v. Board of Envtl. Protection, 498 A.2d 260, 265 (Me.1985); Gulick v. Board of Envtl. Protection, 452 A.2d 1202, 1207-08 (Me.1982); Seven Islands Land Co. v. … See Oliver v. Secretary of State, 489 A.2d 520 (Me.1985). There was no abuse of the Board’s discretion in admitting this testimony in the administrative hearing before the Board.

    Cited 12 timesPublished
  • Crosby v. Town of Belgrade

    562 A.2d 1228 · Supreme Judicial Court of Maine · Aug 10, 1989

    See Town of North Berwick v. Jones, 534 A.2d 667, 670 (Me.1987). … Because a board of appeals performs a quasi-judicial function, the parties to a Rule 80B action reviewing the board’s decision are the parties that had appeared before the board. See Town of Boothbay v.

    Cited 15 timesPublished
  • Dunlop v. Town of Westport Island

    37 A.3d 300 · Supreme Judicial Court of Maine · Feb 28, 2012

    Kelley v. Me. Pub. Emps. Ret. Sys., 2009 ME 27, ¶ 16 , 967 A.2d 676 (quotation marks omitted); cf. Stewart v. … Although the Board’s interpretation of the Ordinance is reviewed de novo, the “Board’s ultimate characterization” of Jew-ett Cove Road is afforded substantial deference. Jordan v.

    Cited 4 timesPublished
  • Roque Island Gardner Homestead Corporation v. Town of Jonesport

    167 A.3d 564 · Supreme Judicial Court of Maine · Jul 11, 2017

    Delogu v. … See Roberts v.

    Cited 3 timesPublished
  • Marquis v. Town of Kennebunk

    36 A.3d 861 · Supreme Judicial Court of Maine · Dec 15, 2011

    Dexter v. … In Mills v.

    Cited 16 timesPublished
  • Rancourt v. Town of Glenburn

    635 A.2d 964 · Supreme Judicial Court of Maine · Dec 28, 1993

    Reaching the merits, we review the board’s decision directly for abuse of discretion, error of law, or findings unsupported by substantial evidence in the record. Gorham v. … As the party bearing the burden of proof before the board, Rancourt must demonstrate that the evidence compelled the board to find that her application met the requirements of the law. Tompkins v.

    Cited 16 timesPublished
  • Odiorne Lane Solar, LLC, et al. v. Town of Eliot et al.

    304 A.3d 253 · Supreme Judicial Court of Maine · Nov 7, 2023

    LLC v. Pub. … Mills v. Town of Eliot, 2008 ME 134, ¶ 23, 955 A.2d 258; Summit Realty, Inc. v.

    Cited 4 timesPublished
  • New England Herald Development Group v. Town of Falmouth

    521 A.2d 693 · Supreme Judicial Court of Maine · Feb 25, 1987

    See also Mazzuchelli v. … See abo Thomas v.

    Cited 15 timesPublished
  • Wright v. Town of Kennebunkport

    715 A.2d 162 · Supreme Judicial Court of Maine · Jul 23, 1998

    Corp. v. State Tax Assessor, 684 A.2d 424, 426 (Me.1996). … Otis v. Town of Sebago, 645 A.2d 3, 4 (Me.1994).

    Cited 29 timesPublished
  • Everett v. Carleton

    85 Me. 397 · Supreme Judicial Court of Maine · Apr 25, 1893

    Burkett was owing Phillip Brown, and Brown attached the real estate of James H. … S., c. 81, § 59 ; Osgood v. Holyoke, 48 Maine, 410 ; Neally v. Judkins, 48 Maine, 566 ; Hanson v. Dow, 51 Maine, 165 ; Drew v. Alfred Bank, 55 Maine, 450; Briggs v. Hodgdon, 78 Maine, 514.

    Cited 0 timesPublished
  • Gagne v. Inhabitants of City of Lewiston

    281 A.2d 579 · Supreme Judicial Court of Maine · Oct 5, 1971

    David v. Board of Appeals of Reading, 333 Mass. 657 , 132 N.E.2d 386 (1956). … The Board could not validly grant a variance as to setback requirements on the basis of an application for an exception as to a nonconforming use. Wrona v.

    Cited 19 timesPublished
  • Town of North Berwick v. Jones

    534 A.2d 667 · Supreme Judicial Court of Maine · Dec 17, 1987

    Sevigny v. Home Builders Ass’n of Maine, Inc., 429 A.2d 197, 201-02 (Me.1981); Restatement (Second) of Judgments § 27 (1982). … Beegan v. Schmidt, 451 A.2d 642, 644 (Me. 1982).

    Cited 32 timesPublished
  • Pelkey v. City of Presque Isle

    577 A.2d 341 · Supreme Judicial Court of Maine · Jul 3, 1990

    See Auto Sales & Finance Co. v. Seavey, 401 A.2d 648, 649 (Me.1979); Blue Rock Industries v. Raymond International, Inc., 325 A.2d 66, 73 (Me.1974). … The Zoning Board of Appeals, in common with other administrative boards, “acts in a quasi-judicial capacity if it affects an interest which is constitutionally protected.” Carlson v. Oliver, 372 A.2d 226, 229 (Me.1977).

    Cited 9 timesPublished
  • Monika McCallion v. Town of Bar Harbor

    2025 ME 58 · Supreme Judicial Court of Maine · Jul 1, 2025

    Facts [¶2] The relevant facts, drawn from the written findings of the Bar Harbor Board of Appeals, are supported by the administrative record. See Gensheimer v. … Mainers for Fair Bear Hunting v.

    Cited 1 timesPublished
  • Pratt v. Ottum

    2000 Me. 203 · Supreme Judicial Court of Maine · Nov 27, 2000

    Appeal Board. … See Gilbert v.

    Cited 16 timesPublished
  • Cobb v. Camden Savings Bank

    106 Me. 178 · Supreme Judicial Court of Maine · Nov 29, 1909

    Such notice was mailed to Brown & Adams and the Camden Savings Bank, December 2, 1908, the day before the execution in question issued. … Wiswall v. Sampson, supra; Walling v. Miller, supra; Cass v. Sutherland, 98 Wis. 551 ; Albany City Bank v. Schermerhorn, 10 Paige, N. Y. 263.

    Cited 9 timesPublished
  • Fryeburg Trust v. Town of Fryeburg

    151 A.3d 933 · Supreme Judicial Court of Maine · Dec 1, 2016

    Co., 2014 ME 158, ¶ 21 , 107 A.3d 621 ; Stewart v. … .”); Underwood v.

    Cited 1 timesPublished
  • Richard M. Balano v. Town of Kittery

    163 A.3d 144 · Supreme Judicial Court of Maine · Jun 6, 2017

    Rudolph v. … v. Town of Bar Harbor, 2011 ME 104, ¶ 7, 30 A.3d 811; Friends of Lincoln Lakes v.

    Cited 3 timesPublished
  • Conservation Law Foundation, Inc. v. Town of Lincolnville

    786 A.2d 616 · Supreme Judicial Court of Maine · Dec 20, 2001

    Gorham v. Cape Elizabeth, 625 A.2d 898, 903 (Me.1993) (quoting Hrouda v. Town of Hollis, 568 A.2d 824, 826 (Me.1990)). … See Kosalka v. Town of Georgetown, 2000 ME 106 , 752 A.2d 183 .

    Cited 7 timesPublished
  • Phaiah v. Town of Fayette

    866 A.2d 863 · Supreme Judicial Court of Maine · Jan 28, 2005

    McGhie v. Town of Cutler, 2002 ME 62, ¶ 5 , 793 A.2d 504, 505 ; Yates v. Town of Southwest Harbor, 2001 ME 2, ¶ 10 , 763 A.2d 1168, 1171 . … Further, “[a] demonstration that no competent evidence supports the local board’s findings is required in order to vacate the board’s decision.” Thacker v. Konover Dev.

    Cited 14 timesPublished

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