Case law

State Tax Assessor v. Tracfone Wireless, Inc.

2022 ME 36 · Supreme Judicial Court of Maine · Jun 23, 2022

Lifeline is a program designed to provide universal access to telecommunications services,  3 specifically to qualifying low-income consumers. … To be eligible, ETCs must certify that they would pass through the full amount of the subsidy—$9.25 a month per consumer for the relevant time period—to “qualifying low-income consumer[s] and that [the ETC] has received

Ross v. Berry

49 Me. 434 · Supreme Judicial Court of Maine · Jul 1, 1862

It appears that on the day named two justices, legally qualified to act, one chosen by the debtor and one by the creditor, organized properly the tribunal contemplated by the statute. … This was clearly an illegal charge, by the express words of the statute, c. 116, § 5.

DiPietro v. Boynton

628 A.2d 1019 · Supreme Judicial Court of Maine · Jul 20, 1993

At the time of the execution of the documents, Boynton assented to DiPietro’s clearly expressed intention that the instruments be separate and distinct agreements. … There is no evidence in the record establishing DiPietro’s expert status.

Maine Real Estate Commission v. Anderson

512 A.2d 351 · Supreme Judicial Court of Maine · Jul 11, 1986

Anderson subsequently met with the seller who was unable to supply the documentation qualifying the use of the existing system as a grandfathered use. … The trial judge here concluded that Anderson’s request to recall Burgess, in order to establish the content of a certain plumbing code provision, was an unreasonable imposition on the witness.

Hurricane Island Foundation v. Town of Vinalhaven

295 A.3d 147 · Supreme Judicial Court of Maine · May 30, 2023

City of Portland, 129 Me. 264, 267, 151 A. 460 (1930) (“If the assessment is too large for any reason, either from including property that the taxpayer does not own or that is exempt from taxation . . . it is clearly a … In this case, there is no question that the Foundation did not pursue abatement. [¶12] As the Town acknowledges, however, abatement is not the exclusive avenue to establish the exempt status of property.

Williams v. E.S. Boulos Co.

2000 Me. 40 · Supreme Judicial Court of Maine · Mar 1, 2000

Unlike section 55-B, all of these provisions are based solely on the passage of time and are not qualified by the occurrence of some additional event, such *185 as the “payment” of benefits “under this section.” [¶ 7] Moreover … [partial] compensation,” more clearly suggesting a time limitation, as opposed to a limitation of the number of payments. [¶ 8] Our conclusion is also supported by the statute’s legislative history.

Dolloff v. Hardy

26 Me. 545 · Supreme Judicial Court of Maine · Apr 15, 1847

Stearns & al. is clearly distinguishable from this” “ and it is to be recollected that the return now under consideration is much more defective than that.” … When that case is examined it will be found not to conflict with other cases, which fully establish the contrary doctrine ; and it cannot be material, whether the vote of the proprietors, be direct upon the subject, or whether

State Tax Assessor v. Tracfone Wireless, Inc.

2022 ME 36 · Supreme Judicial Court of Maine · Jun 23, 2022

Lifeline is a program designed to provide universal access to telecommunications services,  3 specifically to qualifying low-income consumers. … To be eligible, ETCs must certify that they would pass through the full amount of the subsidy—$9.25 a month per consumer for the relevant time period—to “qualifying low-income consumer[s] and that [the ETC] has received

Murphy v. Delano

55 L.R.A. 727 · Supreme Judicial Court of Maine · Apr 10, 1901

there was no clause protecting the income from attachment; but the court, construing the will in the light of all the circumstances, held that the income was exempt from the son’s *234 creditors “though such intent was not clearly … Such immunity of the estate from the claims of creditors may, in like manner, result from provision made by a testator for the maintenance of his son, by which the portion of the income to be applied for his support and the

City of Bangor v. Penobscot County

868 A.2d 177 · Supreme Judicial Court of Maine · Mar 8, 2005

The director or chief dispatcher, if qualified, may be the County Director of the Maine Emergency Management Agency. … Legislature intended the fourth paragraph of section 453 to require counties to fund “specific communications for municipal law enforcement functions” through section 107 agreements, however, it could easily have done so more clearly

State v. Nelson

994 A.2d 808 · Supreme Judicial Court of Maine · May 11, 2010

determination of whether exposure to potentially prejudicial extraneous evidence would incurably taint the jury verdict or whether a curative instruction would adequately protect against consideration of the matter stands unless clearly … Under these facts, the State sufficiently proved the victims’ loss by a preponderance of the evidence. [¶ 18] Additionally, the court adequately considered Nelson’s ability to pay, and Nelson has not shown that he established

Murinelli v. T. Stuart & Son Co.

117 Me. 87 · Supreme Judicial Court of Maine · Feb 12, 1918

Applying these well recognized principles of law to the plaintiff’s alleged cause of action, it becomes clearly apparent that to maintain his action it was incumbent upon him to establish these propositions: first, that his … And we think the defendant was justified in considering him qualified to assist in moving the timbers along on the top of the falsework. There was no defect in the falsework.

Bird v. Town of Old Orchard Beach

426 A.2d 370 · Supreme Judicial Court of Maine · Feb 27, 1981

Except as otherwise herein provided, the Town shall have, exercise and enjoy all rights, immunities, powers, privileges and franchises, and shall be subject to all the duties, liabilities and obligations provided for under … Deliberations may be conducted in executive sessions on the following matters and no others: [the deliberations on the reference resolve would not qualify under the enumerated exceptions] .... 1 M.R.S.A. § 409(2) in pertinent

State v. Twist

528 A.2d 1250 · Supreme Judicial Court of Maine · Jul 21, 1987

V., a qualified expert in the field of pediatric psychiatry. 5 Dr. … Undisputed testimony established that the children saw the defendant kill their cat by burning it in an oven.

State v. Gorman

854 A.2d 1164 · Supreme Judicial Court of Maine · Jul 22, 2004

The trial court’s finding that Gorman’s mother had sufficient memory of the matter and was otherwise competent to testify is supported in the record and is not clearly erroneous. … In Discher , we qualified this suggestion from Cope , and we held that the criteria could be established by direct or circumstantial evidence, independent of the forgetful de-clarant appearing and testifying as to present

Avangrid Networks, Inc. v. Secretary of State

2020 ME 109 · Supreme Judicial Court of Maine · Aug 13, 2020

Because the Secretary of State has expressed his willingness to heed a clearly stated declaration from us, we see no necessity for injunctive relief. I. … Thus, 9The Legislature has enacted a narrow exception to the exclusive grant of review to the courts, by means of a statute allowing a utility to apply to the Legislature “to grant a right, privilege or immunity which

Fitch v. John or Jane Doe 1

869 A.2d 722 · Supreme Judicial Court of Maine · Mar 18, 2005

Fitch’s counsel conceded at oral argument that the privacy notice lacked foundation. 7 [¶ 19] Even if the privacy notice were established as authentic, it would be insufficient to establish that Doe consented to disclosure … The court’s conclusion that this document, by itself, was adequate to establish Doe consented to disclosure of his identifying information was clearly erroneous. [¶ 21] Although this case could be remanded on the issue of

McKeen v. Frost

46 Me. 239 · Supreme Judicial Court of Maine · Jul 1, 1858

The will may never be approved; the Judge may withhold, absolutely, letters testamentary from him; or he may not be qualified for the trust, by omitting to obtain the security required for the faithful execution of the trust … Walker was clearly inadmissible, and this point is not relied upon by the appellants in argument. Exceptions sustained, verdict set aside, and new trial granted. Rice, Appleton, Goodenow, and Dayis, J. J., concurred.

State v. Philbrick

436 A.2d 844 · Supreme Judicial Court of Maine · Oct 27, 1981

The presiding justice’s implied finding to the contrary was clearly erroneous, manifestly derived from a misperception or misapplication of the law. … Defense counsel objected on the ground that Pinette had not been properly qualified as an expert.

Davis v. Brigham

29 Me. 391 · Supreme Judicial Court of Maine · Apr 15, 1849

It would only show, that their right to its use was a qualified one. In the case of the Bolivar Manuf. Co. v. Neponset Manuf. … Perhaps the best test, of what is by law required to establish a prescriptive right to an easement, is a good special plea setting forth such a right in bar of an action.