Case law

E. Perry Iron & Metal Co., Inc. v. City of Portland

896 A.2d 956 · Supreme Judicial Court of Maine · May 8, 2006

The City’s argument that the two counts are “clearly separate and independent” misses the point of the final judgment rule. … Third, the judicial economy exception is not applicable because this appeal would not “establish a final, or practically final, disposition of the entire litigation,” Norton v.

Davis v. Auld

96 Me. 559 · Supreme Judicial Court of Maine · Sep 12, 1902

These statutes, however, have not abridged the equity jurisdiction of the court as to such trespasses and do not entitle the trespassers to any immunity from that equity jurisdiction. … We do not feel clear that the inference that they were keeping a nuisance was clearly wrong.

Maine Human Rights Commission v. City of Auburn

425 A.2d 990 · Supreme Judicial Court of Maine · Feb 17, 1981

Supported as they are in the record evidence, the trial court’s findings of unlawful sex discrimination are immune from reversal on appeal under the controlling “clearly erroneous” test of M.R.Civ.P. 52(a). 2. … Next, the employer must establish that that particular trait or characteristic is an important element of work behavior.

Eric v. Warnquist v. State Tax Assessor

201 A.3d 602 · Supreme Judicial Court of Maine · Jan 29, 2019

In this case, the qualified foreign jurisdiction is Rogaland, Norway, as neither party disputes. [¶19] In order to receive a credit for income tax paid to a qualified foreign jurisdiction, … Section 5217-A assumes that the qualified foreign jurisdiction calculates taxable income using AGI with a provision analogous to 36 M.R.S. § 5142.7 If a qualified foreign jurisdiction defines taxable income in

Inhabitants of Vinalhaven v. Ames

32 Me. 299 · Supreme Judicial Court of Maine · Jul 1, 1850

Overseers of the poor derive all their powers from the statute, and can legally exercise none excepting such as are expressly given or ,are clearly implied. … It is evident., however inconvenient or expensive it may be, that the established courts are to settle the dam *305 ages, which it is supposed a minor bound by the overseers, has sustained from his master, until he is qualified

City of South Portland v. Pine State By-Products, Inc.

306 A.2d 1 · Supreme Judicial Court of Maine · Jun 12, 1973

That he is an expert in the field of odor control is established by concession. … Findings are not “clearly erroneous” if supported by credible evidence. Ray v. Lyford (1958) 153 Me. 408 , 140 A.2d 749 .

Greaves v. Houlton Water Co.

140 Me. 158 · Supreme Judicial Court of Maine · Nov 29, 1943

Authority for such action, we think should clearly appear.” Our Court in Laughlin v. Portland, 111 Me., 486 at 498, 90 A., 318, 323 , 51 L. R. A. N. S., 1143, Ann. … The duties, powers, rights and immunities of the municipality of Houlton have not been extended by legislative grant beyond its own boundaries.

Lambert v. Wentworth

423 A.2d 527 · Supreme Judicial Court of Maine · Dec 11, 1980

Setting aside for the time being any consideration of the first stated class, we note that the sole differential criterion establishing entitlement to tax exemption benefits between equally qualified veterans of the other … Board of Trustees, Michigan Veterans Trust Fund, D.C.W.D.Mich., 369 F.Supp. 1327 (1973) (five year durational residency requirement to qualify for aid from the Veterans Trust Fund).

Patterson v. Nutter

78 Me. 509 · Supreme Judicial Court of Maine · Dec 20, 1886

Whatever force this argument might have with legislatures or school boards, it should not move the court from the well established doctrine. … It is true the master should not he held to have exceeded his discretion and thus become liable as a trespasser, unless the punishment is clearly excessive; but the judge ruled that the punishment must be so clearly excessive

State v. Fitzherbert

249 A.2d 760 · Supreme Judicial Court of Maine · Feb 5, 1969

think the applicable rule was correctly stated in 29 Am.Jur.2d 315, Sec. 266 in these terms: “In criminal cases, all facts tending to elucidate the matter at issue which are referable to the point in issue, * * * tend to establish … This was the first occasion on which he *763 had qualified and given testimony as an expert witness.

Hale v. State

433 A.2d 374 · Supreme Judicial Court of Maine · Aug 6, 1981

1396a(a)(10)(C) further provides that a State may choose to extend medical assistance to persons who do not qualify for the “categorically needy” level of assistance. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Brawn v. Oral Surgery Associates

819 A.2d 1014 · Supreme Judicial Court of Maine · Mar 14, 2003

She remembers the office appointment very clearly and remembers Dr. Estabrooks being very belittling. He continued to tell her not to worry about the implant. When she saw Dr. … Any countervailing interest in guarding against imposing potentially burdensome requirements for finding patients who may have relocated can be addressed by qualifying the duty so that the physician or oral surgeon need only

Davis v. Secretary of State, Division of Motor Vehicles

577 A.2d 338 · Supreme Judicial Court of Maine · Jul 3, 1990

The record before us clearly contradicts Davis’s characterization of the proceedings and the examiner’s decision. … Is incompetent to drive a motor vehicle. . 29 M.R.S.A. § 547 (Supp.1989) provides for the establishment of a Medical Advisory Board and for the promulgation of regulations to establish guidelines defining what constitutes

The Bank of New York Mellon v. Danielle Shone

239 A.3d 671 · Supreme Judicial Court of Maine · Oct 22, 2020

does not qualify employees of the possessing party to lay the requisite foundation, and reliance by the organization on records created by others, 8 although an important part of establishing trustworthiness, without more … of trustworthiness, or can establish accuracy by other means, the necessary foundation may be established.”

Martel v. Inhabitants of Town of Old Orchard

404 A.2d 994 · Supreme Judicial Court of Maine · Aug 10, 1979

Improper venue may be raised by the defendant by motion or by answer, and if it is established that the action was brought in the wrong county, it shall be dismissed and the defendant allowed double costs. … We are reluctant to import that portion of 14 M.R.S.A. § 501 (Supp.1978), requiring dismissal with double costs imposed, into 14 M.R.S.A. § 505 (1964) when such is not clearly required.

Estate of Sylvester v. Benjamin

767 A.2d 297 · Supreme Judicial Court of Maine · Mar 14, 2001

“A trial court’s factual finding is ‘clearly erroneous’ only if there is no competent evidence in the record to support it.” Id. … The court’s conclusion that, based on the evidence, Groton failed to establish that a disparity of position existed between Sylvester and his sister was not clearly erroneous, and a contrary conclusion is not compelled by

Gillespie v. Town of Southwest Harbor

675 A.2d 501 · Supreme Judicial Court of Maine · Apr 25, 1996

In A.F.A.B. the trial court specifically found that A.F.A.B. had met all of the elements of its unjust enrichment claim, but denied recovery based on municipal immunity. A.F.A.B., 639 A.2d at 104 . … In Aladdin we found that the trial court’s determination that it would be unjust to allow the Town to retain the benefit of the plaintiffs work on the same baseball stadium without payment for its value was not clearly erroneous

State v. Fournier

267 A.2d 638 · Supreme Judicial Court of Maine · Jul 16, 1970

In order to prove its case against the defendant Fournier and one Gardner Corey, a co-defendant, the State extended immunity to Leo and called him as its own witness. … It is a long established rule that a party calling a witness may not by general evidence impeach his competency or credibility. But, as stated in State v.

Delogu v. State

720 A.2d 1153 · Supreme Judicial Court of Maine · Nov 23, 1998

BIW qualifies for the shipbuilding facility credit because of its employment levels and proposed investment levels in the project. … A court must uphold expenditures unless a plaintiff clearly demonstrates that they are not constitutional.

State of Maine v. Troy D. Hastey

196 A.3d 432 · Supreme Judicial Court of Maine · Nov 6, 2018

The text of the charge clearly indicates that Hastey was charged pursuant to 29 M.R.S. § 1312-B(1) (Supp. 1989): “(1) Offense. … Citing the “categorical approach”3 established by federal courts to determine whether certain prior state convictions qualify as predicate offenses under certain federal laws, see, e.g., Taylor v.