Case law

Sarah Frye Home v. Soc'y of the Sisters of Charity

Superior Court of Maine · Aug 3, 2001

Frye Home for Aged Women) is a non-profit corporation with a principal place of business in Auburn, that operates and maintains a boarding home for the elderly. It was originally located in Lewiston. … See In re Brown, 131 B.R. 900 (Bkrtcy.D.Me. 1991). The burden of establishing a trust lies on the party alleging it. See Cazillis v. Ingraham, 110 A. 359 (Me. 1920).

Stiff v. Town of Belgrade

Superior Court of Maine · Feb 22, 2023

Although a municipal board's interpretation of an ordinance is a question of law that the court reviews de novo, (Aydelott v. City of Portland, 2010 ME 25,110,990 A.2d 1024; Logan v. … Similarly, Shapleigh v.

Porter v. Town of Falmouth

Superior Court of Maine · Sep 27, 2021

The court may not substitute its judgment for that of the Board. Tarason v. Town of South Berwick, 2005 ME 30, 16, 868 A.2d 230. … Kurlanski v.

Bennett v. Lovell

Superior Court of Maine · Aug 25, 2014

I have read Brown Development Corporation v. Hemond, 2008 ME 146, 956 A.2d 104 which was cited by the plaintiff and Rogers v. Jackson, 2002 ME 140, 804 A.2d 379. … While I find much merit inJustice Alexander's dissent in Brown, at <][20, the majority opinion suggests that the motion for summary judgment must be denied. Also see Paine v.

Day v. Town of Hiram

Superior Court of Maine · Jan 18, 2024

Ogunquit, 2023 ME 30, { 22, 294 A.3d 142, A “demonstration that no competent evidence supports the local board’s findings is required in order to vacate the board’s decision.” Gensheimer v. … See Desgrosseilliers v.

Mason v. Town of New Gloucester

Superior Court of Maine · Jul 19, 2021

Beal v. Town ofStockton Springs, 2017 ME 6, ,i 13, 153 A3d 768. The Plaintiffs bear the burden of persuasion on appeal because they seek to vacate the Planning Board's decision. Fitanides v. … Oeste v. Town ofCamden, 534 A.2d 683,684 (Me. 1987). A planning board cannot make a zoning determination when the ordinance vests that authority in the CEO. Noyes v.

Savastano v. Diamond Cove Homeowners Ass'n

Superior Court of Maine · May 10, 2011

the Portland Planning Board for CDI residents. … Charlton v. Town of Oxford, 2001 ME 104, err 27, 774 A.2d 366, 375 (quoting Brown v. Watson, 47 Me. 161, 162 (1859)).

Houseal v. City of Portland

Superior Court of Maine · Jun 1, 2021

Bryant v. Town of Wiscasset, 2017 ME 234, 'l[ 11, 176 A.3d 176. … York v. Town of Ogunquit, 2001 ME 53, '![ 10, 769 A.2d 172. However, a Planning Board's waiver authority cannot, in reality, operate so as to allow for variances to a town's zoning ordinances. See Perkins v.

Mills v. Town of Bar Harbor

Superior Court of Maine · Jun 7, 2021

Friends of Lamoine v. … of a PUD- V.”

Mills v. Town of Bar Harbor

Superior Court of Maine · Dec 23, 2021

, Duffy v. … Mills v.

Mignosa v. Poirier

Superior Court of Maine · Mar 24, 2011

Thomas v. Thompson, 653 A.2d 417, 420 (Me. 1995); Wescott v. Allstate Insurance Co., 397 A.2d 156, 163 (Me. 1979); Millet v. … See Hart v. Terry L. Hopkins Inc., 588 A.2d 1187, 1190 (Me. 1991); Coon v.

Becker v. Town of Freeport

Superior Court of Maine · Jan 5, 2023

Town of Frye Island, 2008 ME 44, 'l[ 12, 943 A.2d 563 (quoting Sproul v. Town of Boothbay Harbor, 2000 ME 30, 'l[ 8, 746 A.2d 368). The court may not substitute its judgment for that of the Board. Tarason v. … The parties and parties-in-interest discuss Grant v. Town of Belgrade, 2019 ME 160, 221 A.3d 112, Day v. Town of Phippsburg, 2015 ME 13, 110 A.3d 645, and Nyczepir v. Town of Naples, 586 A.2d 1254 (Me. 1991).

Hatch v. Town of Bridgton

Superior Court of Maine · Apr 28, 2021

Grant v. Town ofBelgrade, 2019 ME 160, ,r 14,221 A.3d 112. … Rudolph v. Golick, 2010 ME 106, ,r 8, 8 A.3d 684; Jordan v. City ofEllsworth, 2003 ME 82, ,r 9, 828 A.2d 768. B.

Farrell v. Bank of America

Superior Court of Maine · Dec 11, 2009

~TATE OF MAINE YORK, SS GLENN FARRELL, ) ) Plaintiff ) v. ) … NORMAN HANSON & DETROY PO BOX 4600 PORTLAND ME 04112-4600 DEFENDANT - BANK OF AMERICA CORPORATION RUFUS BROWN, ESQ. BROWN & BURKE PO BOX 7530 PORTLAND ME 04112-7530 DEFENDANT - ANNE HODGIN KENNETH PIERCE, ESQ.

Southern Maine Landlord Ass. v. The City of Portland, Maine

Superior Court of Maine · Jul 2, 2021

Waterville Hotel Corp. v. Board of Zoning Appeals, 241 A.2d 50, 52 (Me. 1968)(emphasis added). … The Law Court first applied the unlawful delegation doctrine in Waterville Hotel Corp. v. Board of Zoning Appeals.

Cooper v. Maine Dep't of Environmental Protection

Superior Court of Maine · Feb 8, 2022

Stein v. M'a.ine Criminal Justice Academy, 20141vffi 82, <[ 11. 15. When the under igned reviews an ag ncy's fa tual findings, this Court cannot substitute its judgment for that of tbe Board. Duffy v. … AFSCME Council 93 v. Maine Labor Relations Board, 678 A.2d 591, 593 (Me. 1996); Nelson v.

Maples v. Compass Harbor Village

Superior Court of Maine · Sep 30, 2022

BROWN, ) ) Plaintiffs, ) ) v. … Brown et al. v. Compass Harbor Village Condominium Association, et al., 2020 ME 44, 229 A.3d 158); and the Order Following Bench Trial, Charles R. Maples, et al. v. Evan Contorakes, et al., Docket No.

Bridge v. City of Westbrook

Superior Court of Maine · Jul 14, 2023

Aydelott v. City of Portland, 2010 ME 25, { 10, 990 A.2d 1024. The party seeking to vacate the decision has the burden of persuasion. Friends of Lamoine v. Town of Lamoine, 2020 ME 70, § 20, 234 A.3d 214. … Town of North Haven, 2017 ME 114, 4 15, 163 A.3d 835 (quoting Bizier v.

Carey v. Town of Rumford

Superior Court of Maine · Nov 17, 2021

(quoting Osprey Family Tr. v. Town ofOwls 5 Head, 2016 l\.1E 89, 12, 141 A.3d 1114). The Court may not substitute its judgment for that of the Board. Tarason v. … Co. v.

Bocchino v. Maine Public Employees Retirement System

Superior Court of Maine · Sep 3, 2019

Standard of Review The Court reviews the Board 1s Decision for an abuse of discretion, error of law, or findings not supported by the evidence. Uliano v. Bd. of Envtl. … Kelley v. Me. Pub. Emples. Ret. Sys., 2009 ME 27,, 16,967 A.2d 676.