Case law

York Ins. Co. of Maine v. Maine Bureau of Ins.

Superior Court of Maine · Aug 6, 2003

Seider v. Board of Examiners of Psychologists, 2000 ME 206, J I INABA YADA (Ass ana an Sf 555 { UViE. 2UUU) (quotation and citat on Omi 2000 ME 56, 1 9, 748 A.2d 472. … Hale-Rice v. Maine State Retirement System, 1997 ME 64, ] 17, 691 A.2d 1232) (citing Dougias v.

Smith v. Secretary of State

Superior Court of Maine · May 25, 2021

E.g., City of Old Town v. … Nevertheless, if there is sufficient evidence on the record, the Board's decision will be deemed supported by implicit findings.").

Maine School Administrative District No. 6 v. Inhabitants of the Town of the Frye Island

Superior Court of Maine · Apr 30, 2019

Doe v. … Brown v. Zoning Board ofAppeals, 391 A.2d 348, 349 (Me. 1978). The above objections, while technical in nature, appear to have merit.

Utsch v. Maine Department of Environmental Protection

Superior Court of Maine · Sep 19, 2022

Prat., 2015 ME 53, 116 A.3d 940; Friends ofLincoln Lakes v. Town ofLincoln, 2010 ME 78, 2 A.3d 284; Nergaard v. Town of Westport Island, 2009 ME 56, 973 A.2d 735; Sahl v. … The petitioners appealed to the board of appeal (BOA), which held evidentiary hearings and ruled in favor of the neighbor.

Gavin v. Paul

Superior Court of Maine · Mar 16, 2001

GAVIN, Plaintiff v. ORDER KENNETH PAUL, Town of Acton Code Enforcement Officer, Defendant Following hearing, Mr. Gavin’s Motion for a Temporary Restraining Order is Denied. Mr. … At this time the project is before the Planning Board awaiting action on a request for Conditional Use Permits.

McConaghy v. Harris

Superior Court of Maine · Jul 6, 2017

Land Use Regulation Comm'n v. Tuck, 490 A.2d 649, 652 (Me. 1985). … Senty v. Board ef Osteopathic Examination & Registration, 594 A.2d 1068, 1072 (Me. 1991). Defendant's right to procedural due process includes the right to contest Plaintiffs claim.

Chavarie v. Maine Gen. Med. Ctr.

Superior Court of Maine · May 8, 2002

CHAVARIE and RAYMOND CHAVARIE, Plaintiffs v. … Brown, 1998 ME 155, J 7, 712 A.2d 1059, 1061 (statute of limitations expires on the anniversary date of the accrual of the action).

State of Maine v. Bickham

Superior Court of Maine · Nov 23, 2010

State v. Labbe, 2009 ME 94, ,r 6 ("two charges that are considered the same offense for purposes of double jeopardy may be prosecuted in the same proceedi.ng, but not in successive, temporally separate proceedings. … Johnson, 467 U.S. at 500-01 (citing Brown v. Ohio, 432 U.S. 161 (1977)); United States v. Henry, 519 F.3d 68, 73 (1st Cir. 2008) (citing United States v. Dixon, 509 U.S. 688 (1993).").

Galouch v. State of Maine

Superior Court of Maine · Dec 10, 2013

Brown v. MSEA, 1997 ME 24, ~ 7, 690 A.2d 956; Lundrigan v. MLRB, 482 A.2d 834, 836 (Me. 1984). … Lundrigan 482 A.2d 836 (quoting Ford Motor Co. v. Huffman, 345 U.S. 330, 338 (1953)); see also Brown, 1997 ME 24, ~ 7, 690 A.2d 956.

St. George v. Town of Denmark

Superior Court of Maine · Jul 16, 2002

GEORGE, oN AWB Plaintiffs JUL 18 2002 v. … The decision of Denmark Board of Appeals is vacated. No variance was required. DATED: — July 15, 2002 Tau 4 ConA eka Paul A. Fritzsche, Superior Court Justice Date Filed 02-22-02 OXFORD AP 02-01 Docket No.

Allard v. Allard

Superior Court of Maine · Dec 31, 2008

See Glew v. … See Court v. Kiesman, 2004 ME 72. The court also finds that the equitable defenses of waiver and laches do not apply.

Rockwood Dev. Corp. v. Shostak

Superior Court of Maine · Jan 27, 2005

Atlantic Acoustical & Insulation Co. v. … Rosenthal v. Rosenthal, 543 A.2d 348, 353 (Me. 1988) citing Gay v. Gay's Supermarkets, Inc., 343 A.2d 580. Rosenthal further quotes Politz v.

Bristol West Ins. Group v. Begin

Superior Court of Maine · May 19, 2004

Rogers v. Brown, 103 Me. 478, 481, 70 A. 206, 207 (1908) (citation omitted). … See Wood v. Bachelder, CV-93-269 (Me. Super. Ct., Ken. Cty., Nov. 10, 1993) (Crowley, J.)

Jimino v. Town of Yarmouth

Superior Court of Maine · Mar 12, 2001

See Def.’s SUMF, J 16; Cottle Enterprises, Inc. v. Town of Farmington, 1997 ME 78, J 17 n.6, 693 A.2d 330, 335 n.6. The plaintiffs’ claims are not governed by the Maine Tort Claims Act. See Heber v. … Finally, based on the factual determination of the Town’s Planning Board, the plaintiffs’ construction was located within 75 feet of the upland edge of a wetland. See Town of North Berwick v.

Holman v. Willow Home Owners Association

Superior Court of Maine · Sep 11, 2018

Holman v. Johnson, CV-18-68. … See Geary v. Stanley, 2007 ME 133 ,r,r 14-16, 931 A.2d 1064. Accord, Oxbow Energy Inc. v. Koch Industries Inc., 686 F.Supp. 278, 280-82 (D.

Maine Life Care Retirement Community, Inc. v. Town of Scarborough

Superior Court of Maine · Feb 18, 2020

See Western Massachusetts Lifecare Corp. v. Board of Assessors, 747 N.E.2d 97, 104-05 (Mass. 2001); El Castillo Retirement Residences v. … Western Massachusetts Lifecare Corp. v. Board ofAssessors, 747 N.E.2d at 105.

Addison v. Daigle

Superior Court of Maine · Jul 30, 2010

Clark v. DiPietro, 525 A.2d 623, 625 (Me. 1987). If the agreement is partially integrated, extrinsic evidence will be admissible if the additional terms are consistent with the written terms. Rogers v. … Schiele performed his inspection in January of 2007, before Davis, Gray, and Brown worked at the home to address some of the shortcomings found by Schiele.

Mutrie v. McDonough

Superior Court of Maine · Apr 26, 2016

Brown v. Delta Tau Delta, 2015 ME 75, ~ 9, _ A.2d _. The Law Court would likely apply ordinary duty and standard of care principles to the present case. … See Brown v. Crown Equip.

Tozier v. Johnson

Superior Court of Maine · Jun 21, 2007

Surveyor George Conary had prepared a subdivision survey which was approved by the Lamoine Planning Board and was duly recorded. … Bowden's analysis starts with the Douglass Highway subdivision - a conveyance by the same grantor - which was approved by the municipal planning board and recorded as such.

Aroostook Med. Ctr. v. Walsh

Superior Court of Maine · Aug 4, 2004

Additionally, in determining whether to entertain an action for declaratory relief, the trial court should also consider whether the adjudication will serve some useful purpose, Cape Elizabeth School Board v. … Annable v. Board of Environmental Protection, 507 A.2d 592, 595 (Me. 1986) (citations omitted).