Case law

Portland Sand & Gravel, Inc. v. Town of Gray

663 A.2d 41 · Supreme Judicial Court of Maine · Aug 1, 1995

See Rogers v. Brown, 135 Me. 117, 118 , 190 A. 632, 633 (1937) (“shall” should be construed as meaning “must” for purposes of sustaining or enforcing an existing right). See also 73 Am.Jur.2d Statutes § 22 (1974). … We have not hesitated to order planning boards to perform that duty. For example, in Ray v.

Inhabitants of Belfast v. Inhabitants of Morrill

65 Me. 580 · Supreme Judicial Court of Maine · Mar 14, 1876

Brown v. Lunt, 37 Maine, 423. Cushing v. Frankfort, 57 Maine, 541. Fowler v. Bebee, 9 Mass., 231 . Bucknam v. Ruggles, 15 Mass., 180 . State v. Carroll, 38 Conn., 449 . Brown v. O’Connell, 36 Conn., 432 . … "When one of a board of officers is not legally elected or qualified, but is an officer defacto he may legally join in the action of the board, with those who are officers de jure. Scadding v. Lorant, 5 Eng.

LaPointe v. City of Saco

419 A.2d 1013 · Supreme Judicial Court of Maine · Sep 10, 1980

Moyer v. Board of Zoning Appeals, Me., 233 A.2d 311 (1967). See 8A McQuillin, Municipal Corporations, Zoning §§ 25-297 (1976). … Brown v. Town of Wells, Me., 402 A.2d 57 (1979) (rationale of decision of Board of Selectmen unclear). The Board has an obligation and responsibility to decide issues properly presented to it.

David Trask v. Fraternal Order of Police

2018 ME 130 · Supreme Judicial Court of Maine · Sep 25, 2018

Maine Labor Relations Board, 413 A.2d 510, 513 (Me. 1980), and Bangor Water District v. … See 26 M.R.S. §§ 964(2)(A), 968(5)(C) (2017); Brown v. Me. State Emps. Ass’n, 1997 ME 24, ¶ 7, 690 A.2d 956.

Harmon v. Salmon Falls Manufacturing Co.

35 Me. 447 · Supreme Judicial Court of Maine · Jul 1, 1853

Brown, 11 Met. 440 , exhibited a relaxation of the law affirmed in the cases of Stark v. Parker, 2 Pick. 267 , and of Olmstead v. Beale, 19 Pick. 528 . The case of Hunt v. … The case of Fuller v.

Brophy v. Town of Castine

534 A.2d 663 · Supreme Judicial Court of Maine · Dec 11, 1987

In Board of Education, Island Tree Union Free School District No. 26 v. … Perry Local Educators’ Association, 460 U.S. 37, 45 , 103 S.Ct. 948, 955 , 74 L.Ed.2d 794 (1983) (citing Carey v. Brown, 447 U.S. 455, 461 , 100 S.Ct. 2286, 2291 , 65 L.Ed.2d 263 (1980)).

Oman v. Town of Lincolnville

567 A.2d 1347 · Supreme Judicial Court of Maine · Jan 3, 1990

Plaintiffs David and Jean Oman appeal from a judgment of the Superior Court (Waldo County, Browne, J.) affirming a decision rendered by the Zoning Board of Appeals for the Town of Lincolnville. … The Board declined to interpret “dwelling unit” to include the rental cabins. The Board committed no error of law in this regard.

Moody v. Whitney

38 Me. 174 · Supreme Judicial Court of Maine · Jul 1, 1854

Property (E) pl. 5; Betts v. Lee, 5 Johns. 348 ; Curtis v. … Brown v. Sax, 7 Cowen, 95, was trover for logs cut on the plaintiff’s land, and afterwards drawn to the mill of the defendant, who converted the boards; the damages were held to be the value of the boards. In Baker v.

Inhabitants of Fairfield v. Inhabitants of Oldtown

73 Me. 573 · Supreme Judicial Court of Maine · Jun 2, 1882

It will hardly be contended that if the plaintiffs had offered of the oral declarations of Brown identical in terms with his letter that they would have been received. Dartmouth v. … In Weld v.

Inhabitants of the Town of Searsport v. Board of Environmental Protection

438 A.2d 261 · Supreme Judicial Court of Maine · Dec 17, 1981

The Town of Searsport (Town) appeals from a judgment of the Superior Court, Waldo County, affirming the decision of the Board of Environmental Protection (Board) denying payment to the Town from the Solid Waste Subsidy Fund … On the Town’s petition to the Board for reconsideration, this determination was reaffirmed.

Inhabitants of Town of Bethel v. INHABITANTS, ETC.

151 Me. 318 · Supreme Judicial Court of Maine · Nov 17, 1955

’s mentality, and (4) whether the Board of Overseers of the plaintiff town unlawfully delegated their duties. … Bangor v. Hampden, 41 Maine, 484; Corinna v. Exeter, 13 Maine, 321.” See also Norridgewock v. Solon, 49 Me. 385 (1862); Alna v. Plummer, 4 Me. 258 (1826); Clinton v. Benton, 49 Me. 550 (1862); Naples v.

Cole v. Clark

21 L.R.A. 714 · Supreme Judicial Court of Maine · Feb 27, 1893

Farnham v. Davis, 79 Maine, 282 : Wescott v. Bunker, 83 Maine, 499 ; Phillips Mech. Liens, 112; Overton’s Law of Liens, § 564 ; 2 Jones on Liens, 1235. "There can be no lien,” says Judge Thurman in Chateau v. … Cont. 4; Brown v. Tuttle, 80 Maine, 162 ; Godfrey v. Haynes, 74 Maine, 96 ; Potter v. Carpenter, 76 N. Y. 151 ; Woods v. Ayers, 39 Mich. 345 .

Crosby v. Baizley

642 A.2d 150 · Supreme Judicial Court of Maine · May 16, 1994

a tree house, a tree swing, a table on a tree stump, and piled boards and debris. … Emerson v. Maine Rural Missions Ass'n, 560 A.2d 1, 3 (Me.1989); McMullen, 483 A.2d at 700 ; Tallwood Land & Development Co. v. Botka, 352 A.2d 753 , 756 n. 2 (Me.1976); Preble v. Maine Cent. R.R.

Johnson v. Drummond, Woodsum, Plimpton & MacMahon, P.A.

490 A.2d 676 · Supreme Judicial Court of Maine · Apr 11, 1985

In Carter v. … In Murphy v.

Bolduc v. Pinkham

148 Me. 17 · Supreme Judicial Court of Maine · May 13, 1952

The plaintiff in this Bill in Equity, according to factual allegations carried in his amended process, admitted to be true by defendants’ demurrer, Brown v. Guy Gannett Publishing Co., 147 Me. 3 , 82 A. 2d. 797; Lea v. … Ed. 303 , 54 A.L.R. 1016 ; Zahn v. Board of Public Works, 274 U.S. 325 , 47 S. Ct. 594 , 71 L.

Armstrong v. Bangor Mill Supply Corp.

128 Me. 75 · Supreme Judicial Court of Maine · Apr 1, 1929

Hattin v. Chase, 88 Me., 237, 239; Leighton v. Sargent, 27 N. H., 460, 59 Am. … Fibre Co. v. Electric Co., 95 Me., 318, 327; Brown v. Linn Woolen Co., 114 Me., 266, 268. The damages awarded do not exceed the losses sustained. Motion overruled.

Stone v. Bartlett

46 Me. 438 · Supreme Judicial Court of Maine · Jul 1, 1859

The attachment in the suit, Nichols v. Brown & Bunker, is dated October 11, 1851, and the sale of the equity was made June 30, 1852. … The mortgage of Swett to these defendants was long prior to the attachment in the writ, Nichols v. Brown & Bunker.

Inhabitants of the Town of Warren v. Norwood

138 Me. 180 · Supreme Judicial Court of Maine · Dec 20, 1941

For later cases, see Brown v. Veazie, 25 Me., 359; Hobbs v. Clements, 32 Me., 67; Bowler v. Brown, 84 Me., 376, *184 24 A., 879 ; Baker v. Webber, 102 Me., 414, 67 A., 144 . … Lord, supra; Inhabitants of Orneville v. Palmer, 79 Me., 472, 10 A., 451 ; Bowler v. Brown, supra.

Shaw v. Young

87 Me. 271 · Supreme Judicial Court of Maine · Mar 4, 1895

Brown were boarding at the hotel and saw much of what was being done. They made inquiries, and advised more or less with the workmen about the work. They made no objection to anything. … Morse v. Dole, 73 Maine, 357. Counsel have cited decisions of courts of other states in which-the word "owner ” in similar statutes is held to be limited to the tenant in possession, having an estate.

Harrington v. Inhabitants of Town of Kennebunk

459 A.2d 557 · Supreme Judicial Court of Maine · Apr 26, 1983

Singal v. City of Bangor, 440 A.2d 1048, 1050 (Me.1982); see Seven Islands Land Co. v. … Chadbourne & Co. v. Inhabitants of Town of Bethel, 452 A.2d 400, 408 (Me.1982) (Carter, J., dissenting); LaPointe v. City of Saco, 419 A.2d 1013 , 1015 n. 2 (Me.1980); Brown v.