Case law

Spear v. Robinson

29 Me. 531 · Supreme Judicial Court of Maine · May 15, 1849

All would admit, that in certain cases not mentioned as exceptions, Ire w'ould not be qualified to act. … The words, “ if otherwise entitled,” clearly imply, that any other interest than the one expressed, takes from him his jurisdiction.

Application of Hughes

594 A.2d 1098 · Supreme Judicial Court of Maine · Aug 2, 1991

Rule 1(c) of the Maine Bar Rules allows review of the action of a single justice in exercising a power of the Supreme Judicial Court: Except where powers are expressly given to the full Court, or the context indicates clearly … Even if petitioner had satisfied Georgia’s requirements for readmission, she would still be required to establish that she was qualified for admission to the Maine bar.

Railroad Commissioners v. Portland & Oxford Central Railroad

63 Me. 269 · Supreme Judicial Court of Maine · Jul 1, 1872

The qualifying words do not change the rights of the parties under the charter. … It was not pretended that these were unreasonable, or established in bad faith.

Norton v. Town of Long Island

883 A.2d 889 · Supreme Judicial Court of Maine · Oct 11, 2005

“It would be establishing a dangerous precedent to permit the Government in a condemnation proceeding, which is purely statutory and strictly construed, to condemn one’s property without clearly and unmistakably describing … This determination does not disrupt the chain of title established by Norton at trial.

Old Colony Trust Company v. McGowan

156 Me. 138 · Supreme Judicial Court of Maine · Jun 1, 1960

Having thus established her statutory interest, the executor will subsequently deduct and pay to the State of Maine the tax on the widow’s “privilege of receiving property by * * * inheritance” before making distribution … Insofar as the insurance payable to the surviving spouse qualifies for marital deduction, no contribution attributable thereto shall be exacted by the executor.

Shapiro Bros. Shoe Co. v. Lewiston-Auburn Shoeworkers Protective Ass'n

320 A.2d 247 · Supreme Judicial Court of Maine · May 28, 1974

The current suit thus qualifies as a “pending action” under the general savings clause in so far as it prays for a determination of constitutionality. … This provision clearly saps much vitality from the Plaintiff’s contention that its freedom of contract is deprived by the statute.

PEGGY SM v. State

397 A.2d 980 · Supreme Judicial Court of Maine · Jan 29, 1979

Each state wishing to qualify for sums appropriated by Congress must submit a plan for " aid and services to needy families with children." 42 U.S.C. § 601 (1974). … Recognizing that some ambiguity is created by the language of 45 CFR § 232.12 , we do not believe it is such as to create an "exclusion clearly evidenced", Townsend v.

Mortgage Electronic Registration Systems, Inc. v. Saunders

2 A.3d 289 · Supreme Judicial Court of Maine · Aug 12, 2010

The mortgage clearly provides that, by signing the instrument, the Saun-derses were “giving [the] Lender those rights that are stated in this Security Instrument and also those rights that Applicable Law gives to Lenders … Viewed in the light most favorable to the Saunderses, the summary judgment record does not establish what property owned by the Saunderses actually secures the mortgage and the court erred by granting summary judgment to

Gammon v. Osteopathic Hospital of Maine, Inc.

534 A.2d 1282 · Supreme Judicial Court of Maine · Dec 16, 1987

The issue is whether, in these circumstances, Gammon has established a claim, in tort, for negligent infliction of severe emotional distress. … There was evidence of impact in Wallace although the impact clearly was insufficient of itself to cause physical, as opposed to psychic, injury. 4 .

Brent Leasing Co. v. State Tax Assessor

773 A.2d 457 · Supreme Judicial Court of Maine · Jun 15, 2001

. [¶ 7] Brent Leasing contends that the entry of the Friendship IV into international waters on the whale watching cruises qualifies it as an instrumentality of foreign commerce. … meaning of the exemption requires resolving the uncertainty against the exemption); Harold MacQuinn, 415 A.2d at 820 (stating that exemptions are entitled to reasonable interpretation but not extended to situations not clearly

Nicole Dussault v. RRE Coach Lantern Holdings, LLC

86 A.3d 52 · Supreme Judicial Court of Maine · Jan 23, 2014

First, the plaintiff must establish a prima facie case of discrimination. See id. … First, our opinion stated that the material facts were “undisputed,” id. at 357, and that the “plaintiffs’ affidavits clearly establish that the nursing home refused to accept the lower Medicaid payment and subjected the

Carroll v. Maine Employment Security Commission

450 A.2d 469 · Supreme Judicial Court of Maine · Sep 7, 1982

The information was clearly supplied to the claimant when he applied for unemployment benefits *473 that he must report any services including self-employment whether or not he had been paid. … The effect of the “Partial Consent Decree” was to establish conclusively that the two statements found by the Commission to have been false were not in fact false.

Michelle L. (George) Sullivan v. William A. George

191 A.3d 1168 · Supreme Judicial Court of Maine · Aug 14, 2018

The court declined to attribute income to Michelle based on full-time employment because she will be required to intern or volunteer for at least 1,000 hours to qualify as an independent practitioner in a specialized … “A fact-finding is clearly erroneous only if there is no competent evidence in the record to support it.” Wandishin v. Wandishin, 2009 ME 73, ¶ 14, 976 A.2d 949.

Stanton v. Trustees of St. Joseph's College

233 A.2d 718 · Supreme Judicial Court of Maine · Oct 4, 1967

The rights of the owners are not absolute but qualified, and each party must exercise his own reasonable use with a just regard to the like reasonable use by all others who may be affected by his acts. … , and that a statute in derogation of it will not effect a change thereof beyond that clearly indicated either by express terms or by necessary implication.”

State of Maine v. Daniel Cardona

2025 ME 97 · Supreme Judicial Court of Maine · Dec 18, 2025

The court qualified this ruling, however, by stating that its ruling could change as the trial progressed. … After establishing that the victim and her mother frequently visited Cardona’s home, defense counsel asked the following questions: [Defense counsel:] [H]ow many children would typically stay there that you

Anastos v. Town of Brunswick

15 A.3d 1279 · Supreme Judicial Court of Maine · Mar 24, 2011

No. 1, 2001 ME 59, ¶ 13 , 769 A.2d 857, 861 (“The burden of proof is on the agency or political subdivision to establish just and proper cause for the denial of a FOAA request.”). … If the statute were interpreted to require imminent harm, then a not-yet-constructed project would rarely qualify for protection, and competitors could use the project’s marketing strategies and plans to make it difficult

White v. Edgar

320 A.2d 668 · Supreme Judicial Court of Maine · May 7, 1974

R.S.A. § 102, only those persons who are qualified as “electors” are entitled to register as voters, that plaintiffs have been afforded registration establishes that they are acknowledged, under the law of Maine, to have … As stated in Cooley, Constitutional Limitations (8th Ed. 1927): “[I]t would not be seriously contended that a statute which should require all citizens [qualified as electors] to go to the established place for holding the

Lockwood Co. v. Lawrence

77 Me. 297 · Supreme Judicial Court of Maine · Apr 22, 1885

In that case, the principle as clearly .recognized and adopted that parties, who, by their ¡several and independent acts, contribute to the production of a muisance, although they can not properly be joined in an action ¡ … Have they established' such right by prescription?

Clifford Lippitt v. Board of Certification for Geologists and Soil Scientists

88 A.3d 154 · Supreme Judicial Court of Maine · Mar 11, 2014

In one he wrote, “My 4 evaluation clearly demonstrates that at least two homes along the [neighboring] [r]oad have been impacted by contaminants leached from the Worcester Associates landfill.” … In addition, Lippitt testified that he qualified his conclusion about the direction of the groundwater flow, as indicated by the questioned arrow on the map, by including a notation on the map stating that he was providing

State v. Campbell

497 A.2d 467 · Supreme Judicial Court of Maine · Aug 6, 1985

“McConnell cannot be read as an immunization for all conduct undertaken by an attorney in good faith representation of his client....” In re Dellinger, 461 F.2d at 398 . … “Punishment for criminal contempt is clearly within the sound discretion of the sentencing court.” State v. DeLong, 456 A.2d 877, 882 (Me.1983); State v. Alexander, 257 A.2d 778, 782 (Me.1969).