Case law

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  • Smith v. Southern Maine Community College

    Superior Court of Maine · May 31, 2005

    See Arnett v. Kennedy, 4 16 U.S. 134, 15 1 (1974); Board of Regents v. Roth, 408 U.S. 564, 577 (1972); Slochower v. … Board of Higher Education of New York City, Petitioner's affidavit offers a competing version of the process he was given by SMCC.

    Cited 0 timesUnpublished
  • Starks v. State of Maine Dept. of Health & Human Services

    Superior Court of Maine · Oct 18, 2005

    See also Gashgai v. Board of Registration in Medicine, 390 A.2d 1080, 1085 (Me. 1978). Finally, when . … Berry v . Board of Trustees, 663 A.2d 14, 16 (Me. 1995). B. Applicable Law.

    Cited 0 timesUnpublished
  • Farm Credit of Maine v. Bessey

    Superior Court of Maine · Mar 20, 2014

    Adams v. Howe, 2:10-CV-13529, 2011 WL 1743428, at *2 (E.D. Mich. Apt·. 13, 2011 ); accord Silver v. Brown, 678 F. … See Brown v. Thaler, 2005 ME 75, ~~ 4-5, 880 A.2d 1113. No return of service has been filed. Having failed to show proper service that would require Farm Credit or Kenney lo nnswer pursuant to M.R. Civ.

    Cited 0 timesUnpublished
  • Town of Farmingdale v. Fisher

    Superior Court of Maine · Jul 15, 2003

    The plaintiff relies on Town of Boothbay v. … Beginning with Town of North Berwick v.

    Cited 0 timesUnpublished
  • Valentine v. Town of Greene

    Superior Court of Maine · Jul 3, 2000

    Plaintiffs are incumbent members of the Town of Greene Planning Board who were popularly elected to their positions. Defendants are incumbent members of the Board of Selectmen of the Town of Greene. … See Hoitt v.

    Cited 0 timesUnpublished
  • Sold, Inc. v. Town of Gorham

    Superior Court of Maine · Sep 26, 2003

    Untimely 80B Appeal Defendant contends that Plaintiffs’ arguments against the Ordinance should have been raised before the Planning Board (Board) when their respective subdivisions were stipulated facts represent only the … If the claim is that an ordinance is unconstitutional, then the contention is also that the Board acted beyond its lawful authority. Fisher v.

    Cited 0 timesUnpublished
  • St. Andre Health Care Facility v. Morrill

    Superior Court of Maine · Mar 10, 2022

    Defendant ) Plaintiff, a healthcare facility specializing in intermediate and long-term care, seeks to collect sums arising out of Defendant's stay at the facility for care and room and board … P. 4A(c); Portland Museum ofArt v.

    Cited 0 timesUnpublished
  • HSBC Bank USA, N.A. v. Gordon

    Superior Court of Maine · Aug 12, 2014

    Statutes should be interpreted to avoid illogical results, State v. … Cadle Co. v. LCM Associates, 2000 ME 73 ~~ 6-9, 749 A.2d 150.

    Cited 0 timesUnpublished
  • McBreairty v. Porter

    Superior Court of Maine · Jan 7, 2022

    See, e.g., Doe v. Williams, No. CV-06-113, 2011 Me. Super. … Ten Citizens ofthe Town ofBiddeford v. Town ofBiddeford, 2003 ME 59, 15,822 A.2d 1196.

    Cited 0 timesUnpublished
  • Mugeni v. Maine Dep't of Health and Human Services

    Superior Court of Maine · Apr 13, 2023

    Co. v. Pub. Utils. Comm'n, 448 A.2d 272, 279 (Me. 1982); Mallinckrodt v. Littell, 616 F. Supp. 2d 128, 142 (D. Me. 2009); see Friends of Me. 's Mts. v. Bd. … Mugeni, the Board of Nursing dismissed a complaint against Ms.

    Cited 0 timesUnpublished
  • Riverwalk Realty, LLC v. Riverwalk Condominium Association

    Superior Court of Maine · Feb 23, 2021

    Riverwalk Realty occupies a seat on the Association’s Executive Board. … Third, Riverwalk Realty notes that it holds a seat on the Association’s executive board, the executive board has declined to take up the disputed ownership of the garage,2 and Riverwalk Realty has no other recourse.

    Cited 0 timesUnpublished
  • Bragdon v. Sam's East, Inc.

    Superior Court of Maine · Dec 5, 2019

    Murdock v. Thorne, 2017 ME 136, ~ 11, 166 A.3d 119 (quotation marks omitted). … Brown v. Delta Tau Delta , 2015 ME 75, ! 9, 118 A.3d 789. Whether a breach of that duty occurred and whether a party's conduct was reasonable are questions of fact for the jury. Budzko v. One City Ctr.

    Cited 0 timesUnpublished
  • York Independent, LLC v. Town of York

    Superior Court of Maine · May 13, 2005

    Also see Vella v. Town of Camden, 677 A.2d 1051, 1054-5 (Me. 1996) for the suggestion that a detailed statement of the precise nature of the business is not necessary. … The motion made clear that the Board would discuss matters of employment involving Mr. Hada but did not explicitly mention dismissal.

    Cited 0 timesUnpublished
  • Lown v. Town of Kennebunkport

    Superior Court of Maine · Oct 26, 2007

    Forbes v. Town of Sw. Harbor, 2001 ME 9, <[ 6, 763 A.2d 1183, 1186. The burden of persuasion is on the party challenging a board's decision to show that the evidence compels a different result. … The Court must not substitute its judgment for that of a board on factual issues. Id. The interpretation of an ordinance, however, is a question of law that is reviewed de novo. Kurlanski v.

    Cited 0 timesUnpublished
  • Tenants Harbor Gen. Store v. Maine Dep't of Envtl. Protection

    Superior Court of Maine · Dec 16, 2009

    City of Auburn v. Desgrosseilliers, 578 A.2d 712, 715 (Me. 1990). Kittery Retail Ventures v. Town of Kittery, 2004 ME 65, fj[ 34, 856 A.2d 1183, 1194. … authorization from OHS for his activity); Waterville Homes v.

    Cited 0 timesUnpublished
  • State of Maine v. Roberts

    Superior Court of Maine · Jun 14, 2021

    The first pertains to the swab of red brown deposit from the left side of the Smith and Wesson revolver. … V.

    Cited 0 timesUnpublished
  • State of Maine v. Hanna

    Superior Court of Maine · Sep 18, 2017

    State v. Brown, 1997 ME 90, ,r 5, 694 A.2d 453, quoting State v. Cusack, 649 A.2d 16, 18 (Me. 1994,). … In State v.

    Cited 0 timesUnpublished
  • Magat v. City of Portland

    Superior Court of Maine · Feb 15, 2023

    V. … The Superior Court has already affirmed the Planning Board approval of the project. Houseal v. City ofPortland, Cumb Cty, Docket AP 20-35, June 1, 2021. The Plaintiffs filed a Motion for Injunctive Relief.

    Cited 0 timesUnpublished
  • Williams v. State Tax Assessor

    Superior Court of Maine · Jan 8, 2004

    WILLIAMS, Petitioners v. DECISION ON APPEAL STATE TAX ASSESSOR, . … Moss v. National Life & Accident Ins. Co., 385 F.Supp. 1291, 1298 (W.D. Mo. 1974).

    Cited 0 timesUnpublished
  • State of Maine v. Carpenter

    Superior Court of Maine · Jan 28, 2009

    Although the defendant was not displaying the stem light, he had one in storage on board and retrieved it from storage and installed it in the warden's presence. … He boarded the defendant's boat so that most of the tests could be conducted there.

    Cited 0 timesUnpublished

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