Case law

Berry v. Daigle

322 A.2d 320 · Supreme Judicial Court of Maine · Jul 12, 1974

To establish a justicia-ble controversy proper for a declaratory judgment, the complainant must establish a claim of right buttressed by a sufficiently substantial interest to warrant judicial protection. Jones v. … The legislature is equally qualified and competent to respond to legitimate public interests for remedy of governmental wrongs.

Burgess v. Young

97 Me. 386 · Supreme Judicial Court of Maine · Apr 4, 1903

The case at bar comes clearly within this section. … These facts clearly brought *391 the procedure, in the settlement of the estate, under section 2 of chapter 66.

James-Robert G. Curtis v. Florania Da Silva Medeiros

152 A.3d 605 · Supreme Judicial Court of Maine · Dec 15, 2016

Braun, 2006 ME 96, ¶¶ 6-8, 902 A.2d 839, and her desire each year to take the child to Brazil is unlikely to qualify as a significant change in circumstances. … Notwithstanding these failings, the court found that the paternal grandparents “would clearly have been able to establish standing either to intervene pursuant to [M.R. Civ.

Roberta, Inc. v. Inhabitants of Town of Southwest Harbor

449 A.2d 1138 · Supreme Judicial Court of Maine · Sep 8, 1982

On cross motions for summary judgment, the Superi- or Court entered judgment for defendant Town, holding that the Board had not clearly erred in finding that the boat had been “regularly kept” in the state during the year … Thus, a boat like the Roberta, whose home port is outside Maine and whose presence in Maine waters is incidental and preliminary to storage and repair, would qualify for the exemption because its purpose for being here is

Seven Islands Land Co. v. Maine Land Use Regulation Commission

450 A.2d 475 · Supreme Judicial Court of Maine · Sep 17, 1982

Clearly, timber harvesting falls within the definition of development. … Controlled cutting in that area clearly furthers a legitimate and significant public purpose.

Westman's Case

118 Me. 133 · Supreme Judicial Court of Maine · Apr 30, 1919

But the defendants read the excluding clause literally and thereunder claim immunity from liability. … It is practically impossible, in every case, to harmonize the result with that of *143 every other case, or to clearly understand the logic which leaves one accident within the legal zone and the other without it.

York Harbor Village Corp. v. Libby

126 Me. 537 · Supreme Judicial Court of Maine · Jan 31, 1928

The court cannot say that this determination is clearly erroneous. Demurrer. A general demurrer is inserted in the answer. … If he elects Chap. 82, he must allege and prove that his right has been previously established by a legal proceeding, so courts have frequently said.

Lang v. Chase

130 Me. 267 · Supreme Judicial Court of Maine · Jun 11, 1931

On petition of the three nieces Elias Smith of Limerick, Maine, and Henry Cleaves Sullivan of Portland, Maine, both of whom are also named as defendants, were appointed and qualified as administrators of the estate. … All this was clearly designed to cast doubt upon the existence of any contract and also upon the plaintiff’s recognition of one.

Ottman v. Fisher

319 A.2d 56 · Supreme Judicial Court of Maine · Apr 30, 1974

We neither intimate nor decide whether a second cousin may qualify for Maine AFDC benefits, since that issue is not before us. … AFDC was first established by the Social Security Act of 1935, 49 Stat. 627 , as amended, 42 U.S.C.A. §§ 601-610 . As stated in Goldberg v.

In Re Annette P.

589 A.2d 924 · Supreme Judicial Court of Maine · Apr 10, 1991

Both parents testified that their past alcohol abuse problems were under control, but the record does not clearly establish the nature of their on-going treatment. … ; evidence; determination of damage to child No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified

State v. Dodge

117 Me. 269 · Supreme Judicial Court of Maine · Jun 17, 1918

Are the established rules and regulations illegally discriminatory, and the penalty excessive? … The agreed facts show a deliberate intention to evade or violate the statute, the setting up of the individual will, against the clearly expressed judgment of the legislature.

Opinion of the Justices

261 A.2d 58 · Supreme Judicial Court of Maine · Jan 15, 1970

The Establishment Clause provides that “Congress shall make no law respecting an establishment of religion * * The United States Supreme Court has ruled that the Establishment Clause of the First Amendment is made applicable … The secular function, the Court said, is constitutionally qualified for aid while the sectarian function is not. Mr.

State v. Jutras

154 Me. 198 · Supreme Judicial Court of Maine · Sep 22, 1958

“Beyond showing that the ruling of the presiding justice was clearly erroneous and an abuse of dis *203 cretion, defendant must also demonstrate that such ruling was prejudicial to it. Pitcher v. … To say that prejudice can be established only by showing that the cross-examination, if pursued, would necessarily have brought out facts tending to discredit the testimony in chief, is to deny a substantial right and withdraw

Lancey v. Parks

102 Me. 135 · Supreme Judicial Court of Maine · Nov 22, 1906

The burden was upon the defendant to establish his alleged title by disseizin. … There is nothing to show that during that time he claimed anything more, than a qualified ownership in the land, subject to the owner’s right to redeem the same upon payment of a paltry sum.

Knox Lime Co. v. Maine State Highway Commission

230 A.2d 814 · Supreme Judicial Court of Maine · Jun 13, 1967

Rand was well qualified by education and experience to express an opinion on the comparison of geological structures. … qualify them to form an intelligent judgment as to its proper valuation.

Virgie v. Stetson

77 Me. 520 · Supreme Judicial Court of Maine · Nov 21, 1885

In the argument, certain rules for the interpretation of statutes are clearly stated and fully sustained by the authorities cited. … Prior to 1856, her well established disabilities at common law had been abrogated, and she was left to her own discretion as to its disposition, including the right to convey.

Gould v. Johnson

156 Me. 446 · Supreme Judicial Court of Maine · Nov 7, 1960

The plan was carefully prepared so that it might fully qualify for exemptions from federal taxation as provided by legislation currently in effect. … Clearly in such instances the donor does not in substance pass effective control from himself.

Driscoll v. Gheewalla

441 A.2d 1023 · Supreme Judicial Court of Maine · Mar 3, 1982

The reasons underlying the rule consist in providing finality to proceedings before the appellate zoning authority, giving protection t( .he integrity of the zoning plan, immunizing board decisions from change at the whim … Undue Hardship The Superior Court reversed the decision of the Zoning Board of Appeals granting the Gheewallas the variance requested on the additional ground that they had failed to establish the requisite “undue hardship

Woodworth v. Gaddis

58 A.3d 1109 · Supreme Judicial Court of Maine · Dec 18, 2012

Factual findings are not clearly erroneous “if supported by competent evidence.” Weinstein v. Hurlbert, 2012 ME 84, ¶ 9 , 45 A.3d 743 . … The letter indicated that NRCS may fund up to 90% of the restoration costs for qualifying landowners. . The court also found all three defendants liable on the other common law counts.

Pierce v. Adams

137 Me. 281 · Supreme Judicial Court of Maine · Mar 14, 1941

The decision seems to me to run counter to a well-considered line of authorities which are founded on principles long established and generally accepted. … Buswell, supra, which dealt with very dissimilar facts, that the absence of such qualifying words as “a part of”, or “so much thereof”, prior to the general descriptive words, “tends to show” an intent to convey “the whole