Case law

Fitanides v. City of Saco

684 A.2d 421 · Supreme Judicial Court of Maine · Oct 30, 1996

Enos v. Town of Stetson, 665 A.2d 678, 680 (Me.1995) (citing Buker v. Town of Sweden, 644 A.2d 1042, 1043 (Me.1994)). … Not counting Spiers’s vote, there were three affirmative votes in favor of the findings of fact made by the Board. See Murach v.

Senders v. Town of Columbia Falls

647 A.2d 93 · Supreme Judicial Court of Maine · Sep 6, 1994

We review directly the record before the board to determine if the board abused its discretion, committed an error of law, or made findings not supported by substantial evidence. Boisvert v. … We affirm the board’s decision unless it is unlawful, arbitrary, capricious, or unreasonable. Mason v. Crooker-Mulligan, 570 A.2d 1217, 1220 (Me.1990).

Gay v. Gay's Super Markets, Inc.

343 A.2d 577 · Supreme Judicial Court of Maine · Aug 13, 1975

At the time of the corporate action of which the plaintiff complains, the defendant, Carroll V. Gay, was president, general manager and one of three members of the board of directors of Gay’s Super Markets, Inc. … Leighton v. Leighton, 1974, Me., 329 A.2d 164, 166 ; City of South Portland v. Pine State By-Products, Inc., 1973, 306 A.2d 1, 4 ; Ray v. Lyford, 1958, 153 Me. 408, 409 , 140 A.2d 749, 750, 751 . See also Strater v.

State v. Stinson Canning Company

161 Me. 320 · Supreme Judicial Court of Maine · Jul 9, 1965

Laughlin v. City of Portland, 111 Me. 486, 489 . *323 See Morris v. Goss, 147 Me. 89 ; Crommett v. City of Portland, 150 Me. 217 ; State v. The Fantastic Fair, et al., 158 Me. 450 . … Brown v. Russell, 166 Mass. 14, 25 .

Lesieur v. Inhabitants of Rumford

113 Me. 317 · Supreme Judicial Court of Maine · Apr 20, 1915

Eden v. Southwest Harbor, 108 Maine, 489. … In Gaw v.

Lakeside at Pleasant Mountain Condominium Ass'n v. Town of Bridgton

974 A.2d 893 · Supreme Judicial Court of Maine · Jul 7, 2009

Here, in considering Lakeside’s appeal of the CEO’s decision, the Board held a hearing, took testimony, and conducted a de novo review; therefore, we review its decision directly. See Yates v. Town of Sw. … Because Shawnee Peak and the Town did not raise these issues before the Board, the issues are unpreserved and we do not address them. See Save Our Sebasticook, Inc. v. Bd. of Envtl.

Wright v. Department of Defense & Veterans Services

623 A.2d 1283 · Supreme Judicial Court of Maine · Apr 26, 1993

The New York Court of Appeals, in Jones v. … Wright v. Park, 811 F.Supp. 726 (D.Me.1993).

Gagne v. Cianbro Corp.

431 A.2d 1313 · Supreme Judicial Court of Maine · Jul 13, 1981

In Gagne v. … Benedix v. Boston Old Colony Insurance Co., Me., 417 A.2d 453, 455 (1980), citing, Cardinali v. Planning Board of Lebanon, Me., 373 A.2d 251, 255 (1977).

Peterson v. Town of Rangeley

715 A.2d 930 · Supreme Judicial Court of Maine · Jul 29, 1998

to the request granted by the Board in 1992. [¶11] In Town of North Berwick v. … Accordingly, the Board has the authority to grant such a variance. See Cope v.

WLH Management Corp. v. Town of Kittery

639 A.2d 108 · Supreme Judicial Court of Maine · Mar 31, 1994

Town of Vienna v. Kokernak, 612 A.2d 870, 872 (Me.1992). The board erred in each of its conclusions. First, the board concluded that section 8.17(d) prohibited the canopy. … Plummer Co. v. Town of Cape Elizabeth, 612 A.2d 856, 859-60 (Me.1992) (ordinance may not be applied in an arbitrary and capricious manner); see also Restivo v. Princeton Constr.

D'Alessandro v. Town of Harpswell

48 A.3d 786 · Supreme Judicial Court of Maine · Jul 10, 2012

Chase v. Eastman, 563 A.2d 1099 , 1101-02 n. 2 (Me.1989). Likewise, in Alexander v. … Thus, although we review the Board’s factual findings under a deferential standard of review, see Bizier, 2011 ME 116, ¶ 8 , 32 A.3d 1048 ; Rudolph v.

Weeks v. Allen & Coles Moving Systems

704 A.2d 320 · Supreme Judicial Court of Maine · Oct 21, 1997

Wood v. Cives Constr. Corp., 438 A.2d 905, 908 (Me.1981). … Riley v. Bath Iron Works Corp., 639 A.2d 626, 628 (1994).

McCullough v. Town of Sanford

687 A.2d 629 · Supreme Judicial Court of Maine · Dec 27, 1996

Wesson v. Town of Bremen, 667 A.2d 596, 598 (Me.1995). At the outset of the hearing in this case, the Chairman of the Board stated to Mr. … Recently, in Weekley v. Town of Scarborough, we held that a Board of Assessment Review erred in not granting the taxpayers’ request for an abatement.

Mary E. Campbell v. City of South Portland

123 A.3d 994 · Supreme Judicial Court of Maine · Sep 10, 2015

Because we will not substitute our judgment for the Board’s, Campbell’s challenge to those findings is not persuasive, see Toomey v. … Fitanides v. City of Saco, 2015 ME 32, ¶ 8, 113 A.3d 1088. Here, the parties agree that the operative decision is the Board’s.

Bushey v. Town of China

645 A.2d 615 · Supreme Judicial Court of Maine · Aug 3, 1994

See City of Auburn v. Desgrosseilliers, 578 A.2d 712, 714 (Me.1990). We now turn to the Busheys’ challenge to the board’s factual findings. … We will not overturn the factual findings of a board unless they are unsupported by substantial evidence in the record. Sanford Properties v. Town of Sanford, 609 A.2d 287, 288 (Me.1992); Gulick v. Board of Envtl.

Dumond v. Aroostook Van Lines

670 A.2d 939 · Supreme Judicial Court of Maine · Feb 5, 1996

Id. at 1009-10 ; Poitras v. *942 RE. … Delorge v. NKL Tanning, Inc., 578 A.2d 1173, 1174 (Me.1990); Bean v. H.E. Sargent Inc., 541 A.2d 944, 946 (Me.1988); Campbell v.

Sara J.T. Behr v. Maine Public Employees Retirement System

142 A.3d 581 · Supreme Judicial Court of Maine · Jun 14, 2016

On appeal, Behr only challenges the denial of benefits as to her fibromyalgia. [¶3] We review directly the Board’s decision. Kelley v. Me. Pub. Emps. Ret. Sys., 2009 ME 27, ¶ 16, 967 A.2d 676. … Because the medical board’s reports are a proper part of the evidentiary record, the record does not compel a contrary finding. See Anderson v. Me. Pub. Emps. Ret.

Bureau of Employee Relations v. American Federation of State, County & Municipal Employees, Council 93

614 A.2d 74 · Supreme Judicial Court of Maine · Sep 10, 1992

Our prior decisions make the Board’s analysis of doubtful validity. See, e.g., Maine School Admin. Dist. No. 61 Bd. of Directors v. Lake Region Teachers Ass’n, 567 A.2d 77 (Me.1989); Washburn v. … State, 432 A.2d 1237 (Me.1981); Board of Directors of Maine School Admin. Dist. No. 36 v. Maine School Admin. Dist.

Oliver v. City of Rockland

710 A.2d 905 · Supreme Judicial Court of Maine · Apr 30, 1998

Berry v. Maine State Retirement Sys. Bd. of Trustees, 663 A.2d 14, 18-19 (Me.1995). … Ballard, Builder, Inc. v. City of Westbrook, 502 A.2d 476, 480 (Me.1985).

Thiboutot v. State

405 A.2d 230 · Supreme Judicial Court of Maine · Aug 31, 1979

E. g., Brown v. Pitchess, 13 Cal.3d 518 , 119 Cal.Rptr. 204 , 531 P.2d 772 (1975); Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). Contra, Chamberlain v. Brown, 223 Tenn. 25 , 442 S.W.2d 248 (1969). … Tobeluk v. Lind, Alaska, 589 P.2d 873 (1979) (upholding a discretionary denial of fees under § 1988); Board of Trustees v.