Case law

Curtis v. Commissioner of Human Services

507 A.2d 566 · Supreme Judicial Court of Maine · Mar 31, 1986

We decline to supply a broad construction to such a clearly and narrowly drafted definition. … The Plaintiffs also argue that their tax refunds qualify for the $400 exemption for other property specified in section 4422(15).

Ethyl Corp. v. Adams

375 A.2d 1065 · Supreme Judicial Court of Maine · Jun 24, 1977

The Legislature, by creating the Board of Environmental Protection, established an agency which it intended should develop an expertise in resolving the special problems with which it is by law required to become concerned … I find it very difficult to imagine any facility which would qualify for a tax exemption certificate if such interpretation or legislative intention is correct.

Dickinson v. Maine Public Service Company

244 A.2d 549 · Supreme Judicial Court of Maine · Jul 30, 1968

While these petitions were pending the Legislature enacted P.L.1965, Ch. 348 which purported to make cooperatives “public utilities” and grant them territorial immunity. … The reservation in the contract clearly vests in this Commission the authority to act in this proceeding.

Paradis

134 Me. 333 · Supreme Judicial Court of Maine · Aug 13, 1936

Paradis, deceased, on August 22nd, 1930, and qualified as such on September 18th, 1930. From appellant’s exhibit 1, it appears that the taxes for the year 1931 were assessed against Paradis Brothers. … The general rule is clearly expressed in Rollins v.

Calaska Partners Ltd. v. Corson

672 A.2d 1099 · Supreme Judicial Court of Maine · Mar 7, 1996

The Board thereafter promulgated Regulation B, that provides in pertinent part: (d) Signature of spouse or other person. (1) Rule for qualified applicant. … Calaska also contends that Inger's ECOA "defense” is really not a defense at all, but rather a counterclaim and therefore clearly within FIR-REA’s administrative exhaustion requirement.

Inhabitants of Town of Owls Head v. Dodge

151 Me. 473 · Supreme Judicial Court of Maine · Feb 13, 1956

The case is this: The town of Owls Head, Maine held a legal town meeting on March 2, 1953 and at the meeting the *475 town clerk, selectmen, assessors, tax collector, and treasurer were elected and qualified. … The Law Court has jurisdiction over exceptions only when they clearly present the issues to be considered.

Bennett v. State

161 Me. 489 · Supreme Judicial Court of Maine · Nov 18, 1965

Only he and a qualified doctor can testify to that. I don’t object if she attempts to describe it. THE COURT: She should describe it. MR. … When a judgment of conviction is attacked collaterally in habeas corpus, the complaining party has the burden of clearly establishing the facts which would justify the conclusion of lack of due process which he asserts.”

State v. Wilson

42 Me. 9 · Supreme Judicial Court of Maine · Jul 1, 1856

It does not appear, that his conduct differed in the least from that of any one, who remains silent, when he sees other citizens exercising the privileges which arc clearly their own. … It has never been understood, that in giving the qualified ownership in flats to the proprietor of the adjoining upland, that he was bound to keep the space forever open, and thereby be prevented from making the improvements

McGivney v. Maine Employment Security Commission

420 A.2d 227 · Supreme Judicial Court of Maine · Oct 1, 1980

The Appeal Tribunal affirmed the Deputy’s decision, specifically on the ground that since the plaintiff was unmarried at the time she ceased working on February 10, 1978, she did not qualify for benefits by virtue of the … In Carter we held that the fact alone that the legislature in 1972 repealed an earlier version of Section 1193(1) specifically disqualifying one who left employment to join a spouse failed to establish affirmatively that

In Re Estate of Thompson

414 A.2d 881 · Supreme Judicial Court of Maine · May 16, 1980

Canal National Bank qualified as trustee and has been holding the trust assets as directed in the will. … In final analysis, it is the intention of the testator which, when clearly manifest, must prevail over technical rules of construction. Hiller v. Loring, 126 Me. 78, 80 , 136 A. 350 (1927); Belding v.

Hamilton v. Goding

55 Me. 419 · Supreme Judicial Court of Maine · Jul 1, 1867

This point is fully discussed and clearly stated in Preston v. … It is therefore clear, to start with, that something more must be established against the liquors, than the fact that they are spirituous and intoxicating and by their use cause serious and sad effects in the community.

Graybar Electric Co. v. Sawyer

485 A.2d 1384 · Supreme Judicial Court of Maine · Jan 3, 1985

The trial testimony established a sufficient foundation of transmission of the letter through the mails. … On appeal we cannot say that the justice’s finding was clearly erroneous.

Town of Shapleigh v. Shikles

427 A.2d 460 · Supreme Judicial Court of Maine · Mar 17, 1981

The Officer’s position was clearly stated to the effect that, if a full bathroom and kitchen were to be built on the second floor, then the new construction would be a principal building and not an accessory structure, in … the claimed accessory use could be determined, the applicability of the ordinance’s “principal building” restriction to the facts of the instant case could be decided, and their claim that the lot designated number 37 is immune

Chapin v. Maine Central Railroad

97 Me. 151 · Supreme Judicial Court of Maine · Dec 23, 1902

The locus in question had not acquired a legal existence as a public way by user; for it clearly appears from the testimony of the city engineer introduced by the petitioner, and other undisputed evidence in the case, that … If it could not be extended across the defendant’s railroad to low water mark without permission from the legislature, it was competent for the legislature to grant a qualified permission that it might be so extended with

15 Langsford Owner LLC v. Town of Kennebunkport

2024 ME 79 · Supreme Judicial Court of Maine · Dec 19, 2024

When construing an ordinance, we will not redefine terms that the ordinance expressly defines, id. ¶ 9, and we will look to the plain, common meaning of undefined terms “unless the context clearly mandate is to compel … Similarly, an inn is a “business establishment having nine or fewer guest rooms in which lodging is offered to guests for compensation.”7 Id.

State v. Alley

841 A.2d 803 · Supreme Judicial Court of Maine · Jan 20, 2004

The record establishes that Alley understood the rights and consequences of a waiver. … The substance of the discussion between Alley and the officers was not established at the suppression hearing. .

State of Maine v. Dwain A. Sykes

204 A.3d 1282 · Supreme Judicial Court of Maine · Mar 26, 2019

Barnies, 680 A.2d 449, 451 (Me. 1996) (quotation marks omitted). [¶18] In order to qualify as an excited utterance, the hearsay statement must be supported by three foundational elements: “(1) a startling … Contrary to Sykes’s contention, even though the record does not clearly establish how much time had passed between the assault and the victim’s 9-1-1 call that morning, competent evidence in

Gilbert v. Gilbert

796 A.2d 57 · Supreme Judicial Court of Maine · Apr 18, 2002

The opposing statement shall admit, deny or qualify the facts by reference to each numbered paragraph of the moving party’s statement of material facts and unless a fact is admitted, shall support each denial or qualification … (Emphasis added.) [¶ 21] Although the court found Kevin entitled to loss of use proceeds once Beverly vacated the house, he failed to present evidence in his opposition to Hanover’s summary judgment motion sufficient to establish

State v. Parkinson

389 A.2d 1 · Supreme Judicial Court of Maine · Jun 5, 1978

The question as to what particular information will suffice to establish probable cause will turn on the facts and circumstances of each case. People v. … The seizure of property from another’s automobile is not an invasion of a passenger’s constitutional immunity from unreasonable searches and seizures, once the third party’s status as a passenger has ended.

Robards v. Cotton Mill Associates

713 A.2d 952 · Supreme Judicial Court of Maine · Jun 18, 1998

The regulation clearly contemplates that a landlord who provides federally subsidized housing for handicapped persons will need to make a determination whether an applicant is in fact handicapped as defined by the Federal … 1989), as it existed in 1991, provided: No attorneys' fees under section 4614 and no civil penal damages under section 4613 may be awarded to a plaintiff in a civil action under this Act unless the plaintiff alleges and establishes