Case law

Mitchell v. Secretary of State

Superior Court of Maine · Jan 26, 2010

Mitchell claims that the January 2004 Operating After Suspension should not qualify as a conviction of a major offense for the purpose of the Habitual Offender Statute because the signing of a waiver does not meet the … "[F]actual findings must be affirmed unless 4 clearly erroneous." Green v.

Mills v. Town of Bar Harbor

Superior Court of Maine · Jun 7, 2021

Multifamily II is clearly a use allowed in the Village Residential District. … However, although Section 125-69(S)(6)(b) establishes a minimum number of affordable units, it does not prevent the Planning Board from requiring more than the minimum, as the Planning Board did here.

Young v. Hayward

Superior Court of Maine · Jul 31, 2003

Summary judgment is appropriate when the moving party establishes that there is no genuine issue of material fact and where the established facts would entitle the moving party to a judgment as a matter of law. MLR. … THE DOCKET ENTRY IS: * Pursuant to the Town’s contract with Joy and general understanding, the storage of sand/salt used for removing ice is clearly “maintaining” a public highway.

Eastern Maine Medical Center v. Gilbert

Superior Court of Maine · Oct 7, 2005

Documents that A has prepared in anticipation of the litigation would be within the qualified immunity in his own suit but would be freely discoverable by defendant on a subpoena duces tecum issued … As is noted above, the plaintiffs bear the burden of establishing this limitation to the work product privilege. For two reasons, they have not sustained their burden.

Allaire v. State of Maine

Superior Court of Maine · Sep 29, 2010

A State of New Hampshire "Offender Registration Information" form dated January 25, 200 I, states that the plaintiff must register annually for life, and identifies his qualifying offense as "Aggravated Felonious Sexual Assault … what was clearly intended as a civil remedy into a criminal penalty.

Graves v. Downey

Superior Court of Maine · Dec 16, 2004

The professional services corporate structure does not immunize a person who renders the professional service from claims arising from that service. See 13 M.LR.S.A. § 753(1). … This clearly should indicate that Robbins may have been unlikely to have sound information about the parcel.

Kelmenson v. Gibert

Superior Court of Maine · Oct 7, 2005

Documents that A has prepared in anticipation of the litigation would be within the qualified immunity in his own suit but would be freely discoverable by defendant on a subpoena duces tecum issued … As is noted above, the plaintiffs bear the burden of establishing this limitation to the work product privilege. For two reasons, they have not sustained their burden.

Craney v. Barnhart

Superior Court of Maine · Jun 16, 2013

He also acknowledges that volunteers qualified to cond:Jct the ceremonies are required, but are frequently unavailable. … Prisoners clearly retain the prot:::ctions affc:·ieC: tc t 11em by the First Amendment, and must be provided with a reasonable opportunity :o pusue th-eir religion. See U.S. CoNST. amend. I; Cru:: v.

New England Assoc. of the Amateur Athletic Union, Inc. v. State of Maine, Dep't of Public Safety

Superior Court of Maine · Aug 23, 2000

This remand was based upon a determination by this court that the standard established in Munjoy that any factual and legal determination must be decided by the respondent after hearing clearly applied to the statutory requirement … The Webster’s I] New Riverside University Dictionary defines “found” as “(1) to originate or establish or (2) to establish the basis of.”

Trattner v. Maine Public Employees Retirement System

Superior Court of Maine · Jan 7, 2016

Standard of Review To qualify for disability retirement benefits , an applicant bears the burden of proof to demonstrate by a preponderance of the evidence that "the applicant has a mental or physical incapacity … Similarly, the Hearing Officer in this case considered the combined effects when she stated "While the combination of vision problems and hearing 5 problems clearly made

Citizens Insurance Company of America v. Phoenix Bay State Construction Co. Inc.

Superior Court of Maine · Oct 4, 2017

If MMC can establish is was a named insured or after discovery can present other facts that establish a clear and definite intent that it receive enforceable benefits under the policies. … In Cushing, the primary issue before the Law Court was whether the State of Maine was the real party-in-interest such that sovereign immunity barred the plaintiffs' claims. Id. at 922.

York Hosp. v. Perfetto

Superior Court of Maine · Mar 16, 2004

This qualifies Friday December 26, 2003, as a “legal holiday” pursuant to M.R. Civ. P. 6(a). This petition, filed the following Monday, was timely. … Clearly this requires final agency action, exhaustion of administrative review, as well as the establishment of deprivation of due process.

Merrill v. Foster

Superior Court of Maine · Nov 16, 2006

However, several qualified surveyors have searched for that pin without results. Thus, the best evidence reveals that, despite Charles Merrill's testimony that he found the pin, it cannot be located. … In order to establish a boundary by acquiescence, a party must prove: (1) possession up to a visible line marked clearly by monuments, fences or the like; (2) actual or constructive notice to the adjoining landowner

Stiff v. Town of Belgrade

Superior Court of Maine · Feb 22, 2023

The Planning Board's ultimate determination that the Joneses' new building qualified as an "accessory structure" is entitled to substantial deference. As expressed by the Law Court in Shapleigh v. … The Stiffs complain that the Planning Board's decision failed to clearly find that the Joneses' new building was an "accessory structure."

Wilson v. Inhabs. of the City of Saco

Superior Court of Maine · Nov 2, 2004

Such a standard, the Wilsons argue, clearly contemplates private ownership of open space, and is satisfied by the deed covenant the Wilsons plan to attach to their property to protect the open space. … “Any municipality which adopts a zoning ordinance shall establish a board of appeals subject to this section. (1) Jurisdiction; procedure.

Stiff v. Belgrade

Superior Court of Maine · Feb 22, 2023

have the burden of “establishing that the evidence compels a contrary conclusion.” Leake v. Town of Kittery, 2005 ME 65, J 7, 874 A.2d 394. … The Stiffs complain that the Planning Board’s decision failed to clearly find that the Joneses’ new building was an “accessory structure.”

State of Maine v. Poland

Superior Court of Maine · Jul 19, 2006

discrepancies in the descriptions of the defendant provided at the motion hearing by Smith and the officer, the virtually continuous tracking that Smith effected, when considered in the totality of the relevant circumstances, clearly … Although the front door of the residence also qualifies as such, access to the defendant's back door and the route leading to it carry only a limited expectation of privacy. See State v.

Bell v. Town of Gray

Superior Court of Maine · Aug 7, 2015

The Ordinance indicates that the "purpose of [the] Ordinance is to produce liberal, flexible standards for the establishment and maintenance of home occupations, while simultaneously providing the town with a mechanism … The home occupation is clearly incidental and secondary to the use of the dwelling unit for residential purposes. 4.

Dussault v. RRE Coach Lantern Holdings

Superior Court of Maine · Nov 9, 2011

CJI 17, as qualified by Pl.'s Opp. S.M.F. … S.M.F. <][ 19, as qualified by Pl.'s Opp.

Hayden-Tidd v. The Cliff House & Motels, Inc.

Superior Court of Maine · Sep 29, 2011

The United States Department of Labor has established that banquet service charges are not tips. See 29 C.F.R. 531.52 (2011). … Weare establishes that Cliff House has an automatically included tip. Purchasers of Cliff House packages are told that a 15 percent charge will be included in the packages. (Pl.'s S.M.F. ~ 25, as qualified by Def.'