Case law

Squires v. Inhabitants of City of Augusta

155 Me. 151 · Supreme Judicial Court of Maine · May 25, 1959

It is a mere local agency of the State, having no other powers than such as are clearly and unmistakably granted by the law-making power.’ ” See Alley v. Inhabitants of Edgecomb, 53 Me. 446 ; Burkett v. … The statute further provides that when any school district furnishes transportation for public school children from any point in an established school route to any other point on such established school route, the transportation

Maine State Academy of Hair Design, Inc. v. Commercial Union Insurance

699 A.2d 1153 · Supreme Judicial Court of Maine · Aug 12, 1997

Exclusion “e” [¶ 12] The Academy argues that because the language of the exclusion “e” mirrors the immunity provisions of the workers’ compensation law, it should be construed in a similar fashion. … We agree. [¶ 18] First, the policy states clearly that the insurer’s duty to defend is limited to suits seeking damages covered by the policy, and not any suit included within the policy definition.

Barker v. Inhabitants of Dixmont

53 Me. 575 · Supreme Judicial Court of Maine · Jul 1, 1866

What is the evidence offered by the plaintiffs to establish it? … The contract not being authorized by existing laws, it is for the plaintiffs to bring their case clearly within the ratifying Act.

Rich v. Gilkey

73 Me. 595 · Supreme Judicial Court of Maine · Nov 28, 1881

In such case the burning of the will can have no effect whatever, provided the contents can be clearly and certainly proved by other evidence. … If his intention is supplanted by another man’s intention then legally he has no intention. *603 But another statute is relied upon as upsetting or qualifying this statute.

Dorr v. Maine Maritime Academy

670 A.2d 930 · Supreme Judicial Court of Maine · Feb 2, 1996

Generally, the Fifth Circuit seems to have identified an appropriate rule of thumb for the ordinary case: a worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify … This figure of course serves as no more than a guideline established by years of experience, and departure from it will certainly be justified in appropriate cases....

Kennebunk, Kennebunkport & Wells Water District v. Maine Turnpike Authority

145 Me. 35 · Supreme Judicial Court of Maine · Feb 9, 1950

The rights of the owners are not absolute *43 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. … The rights of the District against the Authority, so far as the present decision is concerned, are confined and limited to those claimed in the declaration and established by the evidence before the referees.

McGary v. Barrows

156 Me. 250 · Supreme Judicial Court of Maine · Jul 20, 1960

The same principle is clearly enunciated in People v. Deatherage, 401 Ill. 25 , 81 N. E. (2nd) 581. … They fail to establish what property is lost under the procedure established by the statute.

55 Oak Street LLC v. RDR Enterprises, Inc.

275 A.3d 316 · Supreme Judicial Court of Maine · May 24, 2022

. [¶3] On April 1, 2017, Oak Street and RDR Enterprises entered into a five-year lease agreement, with RDR Enterprises’ option to extend, for a bed-and-breakfast establishment, the Thistle Inn, located in Boothbay … be impliedly so qualified.

Bradbury Memorial Nursing Home v. Tall Pines Manor Associates

485 A.2d 634 · Supreme Judicial Court of Maine · Dec 18, 1984

It clearly prescribes the sanction for departmental inaction—denial. … Clearly the negative implication has been supplied by the Legislature and the Procedures Manual merely provides the details.

Norway Water District v. Norway Water Co.

139 Me. 311 · Supreme Judicial Court of Maine · Feb 23, 1943

In practically all of the charters, the establishment of a water district is made subject to a local referendum to make sure that the community affected is in favor thereof. … Clearly this section warrants the conclusion reached by analysis of all the foregoing constitutional and statutory provisions that a single method is provided for notification and conduct of meetings called for the sole purpose

Blount v. Department of Educational & Cultural Services

551 A.2d 1377 · Supreme Judicial Court of Maine · Dec 20, 1988

To justify a regulation that has been shown to diminish that freedom, the State must prove that the social purpose served by the challenged regulation is so essential that the loss in freedom is clearly outweighed by the … The Blounts do not qualify for, nor do they claim, any statutory exemption from public school attendance other than that provided in subpara-graph 5001-A(3)(A)(1). 2 .

Lamberton v. Grant

94 Me. 508 · Supreme Judicial Court of Maine · Jan 7, 1901

The giving of the note in question was clearly an acknowledgment and a new promise on the part of Holzkamp, which took the case out of the operation of the statutes as to him. … Tt neither interprets, qualifies, nor extinguishes the right conferred by the judgment. *519 It does not constitute a part of the judgment, and cannot-follow it beyond the bounds of Minnesota.

Howard D. Johnson Company v. King

351 A.2d 524 · Supreme Judicial Court of Maine · Jan 13, 1976

(p. 434 of 231 A.2d) Howard Johnson’s operation of a restaurant serving turnpike patrons clearly falls within the concept of “public use” as clarified in Crommett and the aforesaid Opinion of the Justices. … We there held that parking facilities operated by a hospital were sufficiently contributory to its overall charitable purposes to qualify for the exemption accorded such institutions by 36 M.R.S.A. § 651-1-A.

Givertz v. Maine Medical Center

459 A.2d 548 · Supreme Judicial Court of Maine · Apr 26, 1983

Neither the self-appointed attorney’s advanced notice prior to the appointment of a personal representative qualified to bring suit for the estate, nor whatever correspondence there may have been between that attorney, the … A party moving for such relief as enlarge *556 ment of time based on excusable neglect has the burden of establishing that it has a meritorious defense to the action and that there was such reasonable explanation or excuse

State v. Allard

313 A.2d 439 · Supreme Judicial Court of Maine · Dec 27, 1973

Therefore, we believe that it is proper for Maine to qualify its cession by reserving concurrent criminal jurisdiction over ceded land. … This Court held that the corporate establishment which ran the home was under the exclusive jurisdiction of the federal government.

Last Will & Testament of Holt v. Rogers

149 Me. 340 · Supreme Judicial Court of Maine · Dec 16, 1953

The first question involves the intention of the testator, and the second, the effect to be given a clearly expressed intention. … The condition is thus grammatically, and according to the common use of phraseology, attached to and qualifies the particular bequest.

Trucklease Corp. v. Cozy Harbor Seafoods, Inc.

2000 Me. 36 · Supreme Judicial Court of Maine · Feb 28, 2000

. § 1753 (1990). 6 [¶ 15] Moreover, contrary to the contention of Cozy Harbor, the lease agreement clearly allocates the burden of paying the tax to Cozy Harbor. … AMI is a Massachusetts corporation qualified to do business in Maine, with a place of business in Portland. .

Adams v. Palmer

51 Me. 480 · Supreme Judicial Court of Maine · Jul 1, 1863

It was of contract that the relation should be established, but, being established, the power of the parties, as to their extent or duration, is at an end. … The insertion of the words " of any age” clearly enlarge the meaning of the section and were so intended, else there would have been no necessity for their insertion. (3.)

State v. Bartlett

55 Me. 200 · Supreme Judicial Court of Maine · Jul 1, 1867

If they do convey clearly to the ordinary mind the fact, that certain persons were the owners, that is all that is required. … From this it is apparent the government were required to establish the guilt of the prisoners independent of any inferences which might arise from their silence.

Guardianship of Boyle

674 A.2d 912 · Supreme Judicial Court of Maine · Mar 25, 1996

While competent, Boyle clearly expressed her wishes to avoid treatment, as did the patients in Gardner and Swan. … Despite the potentially severe side effects associated with the administration of psychotropic drugs, Boyle’s right to refuse them is qualified.