Case law

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  • Mutty v. Maine Department of Corrections

    Superior Court of Maine · Nov 3, 2016

    This court must examine "the entire record to determine whether, on the basis of all the testimony and exhibits before it, the agency could fairly and reasonably find the facts as it did. 1 ' Friends of Lincoln Lake v Board … Seider v. Board of Examiners of Psychologists, 2000 ME 206, ,I 8, 762 A.2d 551 quoting CWCO, Tnc. v. Superintendentof!nsurance, 19971\IIE 226, ~ 6, 703 A. 2d 1258, 1261.

    Cited 0 timesUnpublished
  • Rosenthal v. Town of Otisfield

    Superior Court of Maine · Apr 12, 2021

    FACTS At this point, the court is only asked to order a trial of the facts on the narrow issue of whether the Petitioner's late appeal to the Town's Board of Appeals is excused by the "good cause" exception. … Sargent v. Town of Wells, 676 A.2d 920, 926-27 (Me. 1996).

    Cited 0 timesUnpublished
  • Flagg Partners, LLC v. Simba, Inc

    Superior Court of Maine · Jan 3, 2020

    Simba's proposed garage design was not approved by the City of Portland Planning Board, and has not been re-designed or resubmitted for additional consideration for Planning Board approval. Tr. … See Phillips v.

    Cited 0 timesUnpublished
  • Brenner v. City of Portland

    Superior Court of Maine · Jul 9, 2008

    The Planning Board held several workshops, which resulted in small changes in Avesta's application. In August 2007, the Planning Board voted to recommend that the City Council accept the CZA. … City of Old Town v. Dimoulas, 2002 ME 133, err 18, 803 A.2d 1018, 1023; Adelman v. Town of Baldwin, 2000 ME 91, err 22, 750 A.2d 577, 585.

    Cited 0 timesUnpublished
  • OccupyMaine v. City of Portland

    Superior Court of Maine · Feb 1, 2012

    Gulick v. Board of Environmental Protection, 452 A.2d 1202 n.1 (Me. 1982). … Ward v.

    Cited 0 timesUnpublished
  • Lewis v. Town of Rockport

    Superior Court of Maine · Apr 13, 2000

    On November 10, 1998 petitioners filed an action, Lewis v. … Paul v. Thorndike, 97 Me. 87, 89, 53 A. 877 (1902).

    Cited 0 timesUnpublished
  • BMR Brunswick, LLC v. Maine Dep't of Environmental Protection

    Superior Court of Maine · Jul 2, 2014

    Nelson v. Bayroot, LLC, 2008 ME 91, ~ 9, 953 A.2d 378. … The filing of an appeal with the Board is not a prerequisite for a judicial appeal. 06-096 C.M.R. ch. 2, § 28.

    Cited 0 timesUnpublished
  • Beebe v. Onemain Financial

    Superior Court of Maine · Apr 3, 2018

    Truman v. Browne, 2001 ME 182, P 9, 788 A.2d 168, 170. … Levine v. KeyBank National Association, 2004 ME 13 1, ,20, 861 A.2d 678, quoting Hart v. Terry L. Hopkins, Inc.,_588 A.2d 1187, 1190 (Me. 2 1991).

    Cited 0 timesUnpublished
  • State of Maine v. Donovan

    Superior Court of Maine · Nov 20, 2002

    Godschalk v. Montgomery County Dist. … Dorsey v. Kelly, 117 F.3d 50 (2d. Cir. 1997); Baylor v. Estelle, 94 F.2d 1321 (9th Cir. 1996).

    Cited 0 timesUnpublished
  • McCole v. City of Bath

    Superior Court of Maine · Apr 30, 2003

    Persson v. Dep’t of Human Services, 2001 ME 124, | 8, 775 A.2d 363, 365. Indeed, the requirements of perfecting an appeal are jurisdictional “and require strict compliance.” Rice v. … Gaynor v. McEachern, 437 A.2d 867, 871 (Me. 1981)(citations omitted). According to our Law Court, there is no property interest in employment so that one has a right to a job in public employment. Hammond v.

    Cited 0 timesUnpublished
  • Plourde v. Northern Light Acadia Hospital

    Superior Court of Maine · May 31, 2022

    See Qualey v. v. Secretary ofState, 628 A.2d 1035, 1036 (Me. 1993). … Brown v. Thaler, ME 7518, 880 A.2d 1113, 1115. The Court does not accept Mr. Plourde's self-serving statements about how he was misled by corut clerks, in the absence of affidavits corroborating his version of events.

    Cited 0 timesUnpublished
  • Homeowners' Assistance Corp. v. Merrimack Mortgage Co., Inc.

    Superior Court of Maine · Jan 24, 2000

    See McCamish, Martin, Brown & Loeffler v. F.E. … Corp. v. Valentine, 925 F.2d 910, 915-16 (6th Cir. 1991); Greycas, Inc. v. Proud, 826 F.2d 1560, 1564-65 (7th Cir.)

    Cited 0 timesUnpublished
  • Brady v. Taralaine Estates Homeowners Association

    Superior Court of Maine · Jun 28, 2018

    See also Board of Managers of Medinah on Lake Homeowners Ass'n v. Bank of Ravenswood, 295 Ill. App. 3d 131, 692 N.E.2d 402, 229 Ill. Dec. 629 (Ill. App. Ct. 1998); Toepper v. Brookwood Country Club Rd. … See also Board cfManagers ef Medinah on Lake Homeowners Ass 'n v. Bank ef Ravenswood, 295 Ill. App. 3d 131, 692 N.E.2d 402, 229 Ill. Dec. 629 (Ill. App. Ct. 1998); Toepper v. Brookwood Country Club Rd.

    Cited 0 timesUnpublished
  • Costantin v. Fadel

    Superior Court of Maine · Feb 3, 2017

    Leonard is a graduate of Harvard Medical School, is Board certified in orthopedic surgery, and is a Diplomate of the American Board of Orthopedic Surgery. … See Owen v. Healy, 2006 ME 57, ~ 9,896 A.2d 965. Defendant's unexplained absence from trial is "highly relevant and probative evidence." Tw in Island Dev. Corp. v. Winchester, 512 A.2d 319, 326 (Me. 1986).

    Cited 0 timesUnpublished
  • Cent. Distrib., Inc. v. Labatt USA Operating Co.

    Superior Court of Maine · Oct 15, 2012

    E. of Me., Inc. v. Vintners Group Ud., 455 A.2d 936, 945 (Me. 1983) (Eastern I); accord Solman Distribs., Inc. v. Brown-Forman Corp., 888 F.2d 170, 173 (1st Cir. 1989); see also E. of Me., Inc. v. … No. 37 v. Pineo, 2010 ME 11, ~ 18, 988 A.2d 987; Rogers v. Brown, 135 Me. 117, 118-19, 190 A. 632, 633 (1937) (citing W. Wis. Rwy. Co. v.

    Cited 0 timesUnpublished
  • Central Distributors, Inc. v. Labatt USA Operating Co., LLC

    Superior Court of Maine · Oct 15, 2012

    E. of Me., Inc. v. Vintners Group Ltd, 455 A.2d 936, 945 (Me. 1983) (Eastern I); accord Solman Distribs., Inc. v. Brown-Forman Corp., 888 F.2d 170, 173 (1st Cir. 1989); see also E. of Me., Inc. v. … No. 37 v. Pineo, 2010 ME 11, ~ 18, 988 A.2d 987; Rogers v. Brown, 135 Me. 117, 118-19, 190 A. 632, 633 (1937) (citing W. Wis. Rwy. Co. v.

    Cited 0 timesUnpublished
  • Blanche C v. State of Maine Department of Health and Human Services

    Superior Court of Maine · Jul 13, 2006

    Seider v. Board of Exam'r of Psychologists, 2000 ME 206 q[ 9, 762 A.2d 551, 555 (Me. 2000) (citing CWCO, Inc. v. Superintendent of Ins., 1997 M E 226, ¶ 6, 703 A.2d 1258,1261 (Me. 1997)). … See Hopkinson v. Town of China, 615 A.2d 1166, 1167 (Me. 1992).

    Cited 0 timesUnpublished
  • Soil Preparation, Inc. v. Town of Plymouth

    Superior Court of Maine · May 20, 2017

    On or about May 9, 2016, the Town sent a letter to SPI informing it of the new Solid Waste Ordinance and instructing SPI to submit an application for a new permit to the Planning Board. … Municipal ordinances must use definitions consistent with those adopted by the board. 38 M.R.S. § 1310-U (emphasis supplied).

    Cited 0 timesUnpublished
  • Nadeau v. People's United Bank

    Superior Court of Maine · Jun 12, 2013

    Board of Overseers of the Bar v. MichaelS. … McAfee v. Cole, 637 A.2d 463, 465 (Me. 1994).

    Cited 0 timesUnpublished
  • Antoniuk v. Golden

    Superior Court of Maine · Apr 8, 2008

    ANTONIUK and ROCKMERE LODGE, Plaintiffs v. … ANTONIUK, ROBERT BROWN and DOUGLAS FLINT, Defendants In CY-05-47 Andrew Antoniuk and Rockmere Lodge, a bed and breakfast inn located in Ogunquit, filed a complaint in February of 2005 against

    Cited 0 timesUnpublished

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