Case law
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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.
Cited 0 timesUnpublishedSuperior Court of Maine · Aug 1, 2022
See Dickau v. Vt. Mui. Ins. Co., 2014 ME 158, ,r 21, 107 A.3d 621; Stewart v. Town of'Sedgwick, 2002 ME 81, ,r 6, 797 A.2d 27. … Accordingly, the Court refuses to disturb the Board's conclusion that the 19 Willis Street site plan conformed with all applicable setback requirements. See Balano v.
Cited 0 timesUnpublishedSuperior Court of Maine · Nov 27, 2019
Appletm Cottage, LLC v. Town ofCape Elizabeth, 2017 ME 177, 'I[ 9, 169. A3d 396; 'Fissmer v. … Ingraham v.
Cited 0 timesUnpublishedEngineering Dynamics, Inc. v. Rudman & Winchell, LLC
Superior Court of Maine · Feb 18, 2020
Pawlendzjo v. Haddow, 2016 ME 144, if 10, 148 A.3d 713. … The Board had every reason to be skeptical of Mr. Goslin e's assessment-ratio study when it was based on faulty inputs. Cf Tetjloth v.
Cited 0 timesUnpublishedSuperior Court of Maine · Jul 1, 2003
Berry v. Board of Trustees, 663 A.2d 14, 18 (Me. 1995). … But see State v. Brown, 410 A.2d 1033, 1036 (Me. 1980). The court rejects any argument that Rioux’ fingerprints must be on each argument he makes here.
Cited 0 timesUnpublishedSuperior Court of Maine · Jun 7, 2023
LaMarre v. Town ofChina, 2021 ME 45, ,r 6,259 A.3d 764 (citing Mills v. Town of Eliot, 2008 ME 134, ,r 19, 955 A.2d 258); see ct/so 29 McKown LLC v. Town of Boothbay Harbor, 2022 ME 38, ,r 11,277 A.3d 364. … Mills v. Town ofEliot, 2008 ME 134, ~ 13,955 A.2d 258 (quoting Yates v. Town ofSouthwest Harbor, 2001 ME 2, ~ 10, 763 A.2d 1168).
Cited 0 timesUnpublishedSuperior Court of Maine · May 7, 2021
Bryant v. … 1124); B1yan/ v.
Cited 0 timesUnpublishedFriends of Lamoine v. Town of Lamoine
Superior Court of Maine · Jul 9, 2019
Tarason v. Town of S. Berwick, 2005 ME 30, ¶ 6, 868 A.2d 230 (citing Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (Me. 1995); Boivin v. … Heber v.
Cited 0 timesUnpublishedFriends of Lamoine v. Town of Lamoine
Superior Court of Maine · Jun 17, 2019
Stewart v. … See also Pettinelli v.
Cited 0 timesUnpublishedMadison Paper Industries v. Town of Madison
Superior Court of Maine · Aug 13, 2020
P 'ship No. 2 v. Town ofAshland, 2003 ME 28, ,r 7, 818 A.2d 1021 , 1024. See also City of Waterville v. … As the fact-finder, the Board was well within its discretion in rejecting Duff & Phelps' conclusions. See Hutz v.
Cited 0 timesUnpublishedSuperior Court of Maine · Mar 12, 2019
The court may not substitute its judgment for that of the Board. Tarason v. Town of S. Berwick, 2005 ME 30, ~ 6, 868 A.2d 230. … The court will not vacate the findings of the Board unless, petitioners are able to demonstrate that "no competent evidence supports the [Board's] conclusions." Adelman v.
Cited 0 timesUnpublishedSuperior Court of Maine · Feb 22, 2017
AP-2016-3 DIANE BLASCO, ) Plaintiff, ) ) ) v. ) ORDER … Therefore, this matter is REMANDED to the Southport Board of Appeals and the Board of Appeals is ORDERED to consider the Plaintiff's appeal as required by 30-A M.R.S. § 2691(4).
Cited 0 timesUnpublishedSuperior Court of Maine · Jan 15, 2021
The Board never found that her easement rights were extinguished, nor could it do so. See, e.g., Tomasino v. … The Board's interpretation of town ordinances is reviewed de novo as a matter of law. Tomasino v. Town of Casco, 2020 ME 96 l[5.
Cited 0 timesUnpublishedSuperior Court of Maine · Jun 30, 2023
3, € 33, 153 A.3d 113 (citing Kelley v. … See Tominsky v.
Cited 0 timesUnpublishedRaposa v. The Inhabitants of the Town of York
Superior Court of Maine · Dec 3, 2018
See, e.g., Mills v. … Gensheimer v.
Cited 0 timesUnpublishedHaskell v. Town of North Haven
Superior Court of Maine · Jul 21, 2005
(Test. of Elliott Brown.) 16. … I E W D A V I D B HASKELL, E T ALS V .
Cited 0 timesUnpublishedMunz v. Town of Cape Elizabeth
Superior Court of Maine · Mar 12, 2019
Duffy v. Town of Berwick, 2013 ME 105,, 22, 82 A.3d 148 (quotations omitted). Petitioners bear the burden of persuasion on appeal because they seek to vacate the Board's decision. See Fitanides v. … Wells v. Portland Yacht Club, 2001 ME 20, ! 5,771 A.2d 371.
Cited 0 timesUnpublishedHill v. Inhabitants of the Town of Wells
Superior Court of Maine · Apr 2, 2020
Discussion Rule SOB review of a zoning board's action is deferential, and limited to determining whether a board has committed an error oflaw, acted arbitrarily, or abused its discretion. Beal v. … See also Otis v. Town of Sebago, 645 A.2d 3, 5 (Me. 1994), citing Mccallum v. City of Biddeford, 551 A.2d 452, 453 (Me. 1988).
Cited 0 timesUnpublishedLandry/French Construction Co. v. Lisbon School Dep't.
Superior Court of Maine · Dec 1, 2014
SOB; Brown v. … See State v.
Cited 0 timesUnpublishedEllis Construction, Inc. v. Town of Farmingdale
Superior Court of Maine · Nov 3, 2017
Bizier v. … Dresden, 531 A.2d 1023, 1024, n. 2 (Me. 1987); Butler v.
Cited 0 timesUnpublished
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