Case law

Longtin v. City of Lewiston

710 A.2d 901 · Supreme Judicial Court of Maine · Apr 30, 1998

See Tripp v. … . [¶ 11] We will not overturn a decision of the Board unless it can be said that the Board lacks a rational basis for its appliea *905 tion of law to the facts. See Smith v. Great No.

Farley v. Town of Lyman

557 A.2d 197 · Supreme Judicial Court of Maine · Apr 3, 1989

On appeal we review the record before the Board of Appeals directly because the Superior Court in affirming the Board acted as an intermediate appellate tribunal. See Your Home, Inc. v. … Anderson v. Gile, 78 A. 370, 371 , 107 Me. 325, 328 (1910). The Board of Appeals, the factfinder in this case, found her evidence neither satisfactory nor convincing.

Kittery Retail Ventures, LLC v. Town of Kittery

856 A.2d 1183 · Supreme Judicial Court of Maine · May 11, 2004

Board. … Co. v.

Brooks v. Town of North Berwick

712 A.2d 1050 · Supreme Judicial Court of Maine · Jun 10, 1998

See Geer v. … .”); ACS Enterprises, Inc. v.

Spain v. City of Brewer

474 A.2d 496 · Supreme Judicial Court of Maine · Apr 25, 1984

Ace Tire Company, Inc. v. … See Ullis v. Inhabitants of Town of Boothbay Harbor, 459 A.2d 153, 158-59 (Me.1983); Schwanda v. Bonney, 418 A.2d 163, 167 (Me.1980) and Roy v.

Thompson v. Claw Island Foods

713 A.2d 316 · Supreme Judicial Court of Maine · May 8, 1998

In Keene v. … One important Michigan case, Bower v.

Regional School Unit No. 5 v. The Coastal Education Association

121 A.3d 98 · Supreme Judicial Court of Maine · Jul 30, 2015

Comm. v. … Comm. v.

Stephen Doane v. Department of Health and Human Services

170 A.3d 269 · Supreme Judicial Court of Maine · Sep 12, 2017

See Grant v. Foster Wheeler, LLC, 2016 ME 85, ¶ 2 , 140 A.3d 1242 . Stephen Doane is a physician licensed to practice in Maine by the Board of Licensure in Medicine. … State v. Pelletier, 2015 ME 129, ¶ 7 , 125 A.3d 354 (quoting Hendrick v.

Rendell v. Harriman

75 Me. 497 · Supreme Judicial Court of Maine · Dec 28, 1883

Brown, 74 Maine, 352 ; nor do we find anything inconsistent with it in Simpson v. Garland. … In Nobleboro’ v.

Town of Arundel v. Swain

374 A.2d 317 · Supreme Judicial Court of Maine · Jun 8, 1977

to the Board on January 25,1975. … Kennebunkport Board of Zoning Appeals, Me., 363 A.2d 1372 (1976); Emple Knitting Mills v. City of Bangor, 155 Me. 270 , 153 A.2d 118 (1959). In Blier v.

Matter of Intern. Paper Company, Etc.

363 A.2d 235 · Supreme Judicial Court of Maine · Aug 27, 1976

Harlow v. Pulsifer, 122 Me. 472, 473, 474 , 120 A. 621 (1923). … See: White v. Edgar, Me., 320 A.2d 668, 673 (1974) quoting from United Mine Workers v.

Connecticut Bank & Trust Co. v. City of Westbrook

477 A.2d 269 · Supreme Judicial Court of Maine · May 30, 1984

In Statler Industries, Inc. v. … Shawmut Inn v.

Inhabitants of Eden v. Inhabitants of Southwest Harbor

108 Me. 489 · Supreme Judicial Court of Maine · Dec 4, 1911

Kennebunk v. Alfred, 19 Maine, 221; Hampden v. Newburgh, 67 Maine, 370. … In short it substitutes the judgment of the board of health for the arbitrary rule of law laid down in Kennebunk v. Alfred, supra.

Bass v. Town of Wilton

512 A.2d 309 · Supreme Judicial Court of Maine · Jun 30, 1986

See, e.g., Chandler v. Town of Pittsfield, 496 A.2d 1058 (Me.1985); Fitanides v. Crowley, 467 A.2d 168 (Me.1983); Cope v. Town of Brunswick, 464 A.2d 223 (Me.1983); Stucki v. … Plavin, 291 A.2d 508 (Me.1972); Phillips Petroleum Co. v. Zoning Board of Appeals of Bangor, 260 A.2d 434 (Me.1970); Waterville Hotel Corp. v. Board of Zoning Appeals, 241 A.2d 50 (Me.1968).

Harrington v. City of Biddeford

583 A.2d 695 · Supreme Judicial Court of Maine · Dec 6, 1990

Standing to Appeal the Decision of the Board of Appeals Before reaching the merits of the appeal, we address the Harringtons’ standing to challenge the decision of the Board of Appeals. … A “party,” in turn, is a person who has appeared before the board of appeals and who can demonstrate a particularized injury as a result of the board’s actions. See Anderson v.

Jaeger v. Sheehy

551 A.2d 841 · Supreme Judicial Court of Maine · Dec 9, 1988

As the preliminary step to establish standing to appeal the decision of the board, Jaeger must have been a party before the board. Anderson v. Swanson, 534 A.2d 1286, 1287-88 (Me.1987). … Because Jaeger’s actions did not constitute sufficient participation in the proceedings, he was not a party before the board and did not satisfy the preliminary step of the two-part test for standing. Anderson v.

Town of Levant v. Seymour

855 A.2d 1159 · Supreme Judicial Court of Maine · Aug 31, 2004

Town of Boothbay v. … Place v.

Britton v. Town of York

673 A.2d 1322 · Supreme Judicial Court of Maine · Mar 29, 1996

Bushey v. Town of China, 645 A.2d 615, 618 (Me.1994) (quoting Maine Milk Producers, Inc. v. Comm’r of Agrie., Food and Rural Resources, 483 A.2d 1213, 1220 (Me.1984)). See also Gorham v. … Senders v. Town of Columbia Falls, 647 A.2d 93, 94 (Me.1994). The party seeking to overturn the Board’s decision has the burden of showing that the evidence compels a contrary conclusion. Boivin v.

Rollins v. Clay

33 Me. 132 · Supreme Judicial Court of Maine · Jul 1, 1851

Clay, of “ Brown’s island boom and piers.” That sale, made on May 5, 1842, appears to have been regular and legal. The officer made out a bill of sale of the hoom, and delivered it to the purchaser. … Walcot v. Knight, 6 Mass. 418 ; Bailey v. March, 3 N. H. 274; Shapleigh v. Pillsbury, 1 Greenl. 271; Stanley v. Perley, 5 Greenl. 369; Green v. Watkins, 7 Wheat. 27 .

H.E. Sargent, Inc. v. Town of Wells

676 A.2d 920 · Supreme Judicial Court of Maine · May 13, 1996

without planning board site approval. … Partnership v. Town of Kittery, 663 A.2d 59, 62 (Me.1995); Singal v. City of Bangor, 440 A.2d 1048, 1052 (Me.1982).