Case law

Lund v. Bisco Properties

Superior Court of Maine · May 3, 2010

Curtis v. … Nichols v.

Gove v. Carter

Superior Court of Maine · Jan 8, 2001

reasonably encompassed by the duties of a town manager regardless of whether any particular statute, charter, ordinance, order, resolution or resolve specifically stated that the Town Manager could make complaints to state boards … Those factors are listed in Grossman v.

Vincent v. Molin

Superior Court of Maine · Jun 23, 2004

See Vincent's Opposing SMF filed March 12, 2004, 7193-94, citing to Brown Dep. 19; Silverman Affidavit {14 and Molin Dep. 79.5 The existence of such policies does not constitute the kind of control that would make Dr. … Gafner v. Down East Community Hospital, 1999 ME 130 143, 735 A.2d 969, 979, See Andrews v. Davis, 128 Me. 464, 469, 148 A. 684, éfo (Me. 1930), quoting Pearl v.

Bradford v. Maine Maritime Acad.

Superior Court of Maine · Jan 30, 2003

On the basis of a statutory and a common law theory of liability, he alleges that the defendant is liable because his hearing was damaged by the noise on the board and by the defendant’s failure to provide a “hearing conservation … Rodrigue v. Rodrigue, 1997 ME 99, q8, 694 A.2d 924, 926.

Cordjia v. Athenahealth, Inc.

Superior Court of Maine · Nov 17, 2011

Athena's Board formally approved the partnership on February 16, 2011, and Cordjia began forwarding due diligence information to Athena. (Compl. ~ 21.) … Cf Ingres Corp. v.

State Tax Assessor v. MCI Communication Services, Inc.

Superior Court of Maine · Jun 30, 2016

MCI sought review of the Division Reconsideration Decision before the Maine Board of Tax Appeals (BOTA). … of MCI COMMUNICATIONS, INC. v.

Maine Center for Public Reporting v. York County

Superior Court of Maine · Sep 6, 2023

See Procunier v. Martinez, 416 U.S. 396, 412 (1974), overruled on other grounds by Thornburgh v. … Evid. 502; State v.

415 Congress Street Properties, LP v. URS Corp.

Superior Court of Maine · Jul 30, 2012

Title 32 M.R.S. § 220(1) (2010) prohibits architects from practicing within the state "unless the person is duly licensed by the board." … Tesseo v. Brown, 1998 ME 155, ~ 6, 712 A.2d 1059, 1060. "The general test for determining when a cause of action accrues is when a plaintiff 'received a judicially recognizable injury."' Johnston v.

The Orne Bros., Inc. v. City of Portland

Superior Court of Maine · Jul 6, 2007

York v. Town of Ogunquit, 2001 ME 53, err 6, 769 A.2d 172, 175. Substantial evidence is evidence that is sufficient for that body to have reasonably found the facts as it did. Ryan v. … Mutton Hill Estates, Inc. v. Town of Oakland, 468 A.2d 989, 992 (Me. 1983).

Rich v. Maine Dep't of Marine Resources

Superior Court of Maine · May 20, 2009

The burden of proof rests with the party seeking to overturn the agency's decision, and that party must prove that no competent evidence supports the Board's decision. Bischoff v. … ViII. of Hoffman Estates v.

Penquis Community Action Program v. Maine Superintendent of Insurance

Superior Court of Maine · Jan 20, 2006

(quoting Gulick v. Board of Environmental Protection, 452 A.2d 1202, 1207-08 (Me. 1982)). … In Irnagineering Inc. v.

415 Congress St. Properties v. URS Group, Inc.

Superior Court of Maine · Nov 14, 2011

Title .32 M.R.S. § 220(1) (2010) prohibits architects from practicing within the state "unless the person is duly licensed by the board." … Tesseo v. Brown, 1998 ME 155, ~ 6, 712 A.2d 1059, 1060. "The general test for determining when a cause of action accrues is when a plaintiff 'received a judicially recognizable injury."' Johnston v.

Britton v. Maine Dep't of Conservation

Superior Court of Maine · Sep 4, 2007

Whitmore v. Brown, 102 Me. 47, 56, 65 A. 516, 520 (1906). There, the Law Court refused to grant injunctive relief to prevent a defendant from expanding his wharf off of Mt. … See Call v.

Lizotte v. Pierce

Superior Court of Maine · Dec 18, 2006

Hall v. Board of Environmental Protection, 498 A.2d 260, 266 (Me. 1985). See also Heber v. Lucerne-in Maine Village Co., 2000 ME 137,y 7,755 A.2d 1064, 1066. … See Rubin v. Matthews International Corp., 503 A.2d 694, 698 (Me. 1986). Accordingly, counts 4 and 7 must be dismissed.

Tinsman v. Maine Dep't of Health and Human Svs.

Superior Court of Maine · Aug 16, 2013

Seider v. Bd. of Exam'rs of Psychologists, 2000 ME 206, 'I[ 9, 762 A.2d 551 (citing CWCO, Inc. v. Superintendent of Ins., 1997 ME 226, 'I[ 6, 703 A.2d 1258). … P.U.C. v. Cole's Express, 138 A.2d 466,474 (Me. 1958).

WCP Maine Loan Holdings, LLC v. Norberg

Superior Court of Maine · Jan 16, 2019

See, e.g., Porter v. Seavey, 43 Me. 519 (1857) (writ of entry); Brown v. … Farnsworth v.

Farrington v. Maine Department of Inland Fisheries and Wildlife

Superior Court of Maine · Apr 26, 2023

Co. v. State Tax Assessor, 2021 ME 26, ,r 30, 259 A.3d 97 (quoting Goggin v. State Tax Assessor, 2018 ME 111, ,r 20, 191 A.3d 341). … Friends of Maine's Mts. v. Ed. of Envtl.

McTeague v. State of Maine, Dep't of Transp.

Superior Court of Maine · Jan 31, 2000

On July 14, 1987, the town’s planning board approved the Trust’s application for a five lot subdivision on the property called “Union Park Subdivision” which consisted of 11.35 acres. … August Realty v. Inhabitants of Town of York, 431 A.2d 1289, 1291 n. 4 (citing Merrill Trust Co. v. State, 417 A.2d at 440).

Collins v. State of Maine

Superior Court of Maine · Dec 6, 2013

Fitzgerald v. Hutchins, 2009 ME 115, ,-r 9, 983 A.2d 382. … Brown Dev. Corp. v. Hemond, 2008 ME 146, ,-r 10, 956 A.2d 104. To survive a defendant's motion for summary judgment, "the plaintiff must establish a prima facie case for each element of her cause of action." Watt v.

Ross v. Emerson

Superior Court of Maine · Nov 3, 2005

As provided in Rule 65(a) and annunciated in the case of Danish Health Club, Inc. v. … of a crime, before conviction, or upon some civil process - the duty applies across the board.