Case law

Metcalf v. State Tax Assessor

Superior Court of Maine · Apr 3, 2012

See 18-A M.R.S. §§ 4-204 (procedure for qualifying as domiciliary foreign personal representative); 4-205 (powers of domiciliary foreign personal representative). … Gerhart, 44 Ore. 425, 427 (1904) ('1t is undoubtedly a well- established principle oflaw that a trustee appointed by a foreign court is amenable only to that court, and the fact that his residence is in another jurisdiction

Gniadek v. Camp Sunshine at Sebago Lake, Inc.

Superior Court of Maine · Jan 15, 2010

This undisputed fact establishes that the Camp met its duty of care. 11 3. … Even assuming that all of Gniadek's alleged facts about her involvement with the Camp are true, they do not establish the existence of a special fiduciary relationship.

Beote v. Town of Kennebunkport

Superior Court of Maine · Jun 9, 2000

To qualify asa grandfathered use, “it must be shown that the use existed prior to the enactment of the zoning provisions prohibiting it and that the use was ‘actual and substantial.”’ … What is clearly undisputed is the fact that prior to 1972 the Property was used first as a seasonal opera house, then later as a church.

Ross v. Maine Department of Health & Human Services

Superior Court of Maine · Nov 12, 2019

Ross failed to meet the requirements of the Manual, the Hearing Officer was not clearly erroneous, nor was she arbitrary or capricious, in concluding that they were not in compliance and could not qualify as an appropriate … Leavitt's testimony before the Hearing Officer established that these charges were for medically necessary procedures. Dr.

Parmley v. Bernard

Superior Court of Maine · Jun 7, 2002

This court finds no authority for anything other than a preponderance of the evidence in such a situation and further concludes that circumstantial evidence is clearly allowed to establish the basis for declaratory judgment … The experts were well qualified in the field of engineering and surveying. The plaintiffs’ evidence established that the lands contained many gravel deposits consistent with a "graveled" road.

Kennebec County v. Maine Pub. Employees Retirement Sys.

Superior Court of Maine · Apr 8, 2013

The Legislature created the retirement program to attract and retain qualified employees for public service. 5 M.R.S. § 17050 (2012). … The party seeking to vacate the agency's decision has the burden of proving the agency's decision is clearly erroneous. Douglas v. Bd. cif Trs. cifthe Me. State Ret. Sys., 669 A.2d 177, 179 (Me. 1996).

Scott v. Fall Line Condominium Association

Superior Court of Maine · Oct 4, 2018

Rules that add to, provide specific examples for, or qualify provisions in the Bylaws that regulate the manner in which Unit Owners and their guests use the Units and the Common Areas and facilities, are subject … The Association purports to deny or qualify these facts but the denial lacks a record citation and the qualification "admits that certain Unit Owners, including the Scotts," sent an email to the Board and unit owners communicating

Central Maine Healthcare Corp. v. Maine Bureau of Ins.

Superior Court of Maine · Jul 29, 2014

" established either by the state or, in Maine and the other states that elect not to establish their own exchanges, by operation of the ACA. 12/20 Tr. l 71:S-172: 14; see also 12/ 11/ 1.s Tr. 58: 1-59:9. 3 In anticipation … The Bureau's response clearly referred to section 2736(2) to highlight the sensitive nature of provider contracting information even in rate cases, not as a basis for the Bureau's decision.

W. Maine Ctr. For Children v. Dep't of Human Servs.

Superior Court of Maine · Jun 6, 2003

The ACF’s Regional Administrator initially adjudged petitioner the most qualified applicant, and proposed “Inconsistent evidence will not render an agency decision unsupported.” … Factual determinations must be sustained unless shown to be clearly erroneous.

Pollack v. Quirion

Superior Court of Maine · Oct 28, 2020

In this case, the Plaintiffs concede that they have not shown sufficient emotional harm to qualify as actual injury. … Because Complaint 3 refers to Fournier as acting within the course of employment, the MTCA clearly applies.

Champagne v. Zerillo

Superior Court of Maine · Jan 7, 2021

To the extent this could otherwise fall within the coverage for counselling incidents, it clearly arises out of sexual molestation, and coverage would have been unavailable under the above-cited exclusion. 4 The … demonstrates that the Zerillo defendants are entitled to summary judgment in this case because, although Champagne herself has other criticisms of the Zerillo defendants, the plaintiff in a legal malpractice case must establish

Cote v. Cote

Superior Court of Maine · Apr 22, 2015

's S.M.F." 3 The plaintiffs deny or qualify that these assets were the extent of the estate at Pauline's death. Madeline claimed that she believed her mother did not die penniless. (Def.'s S.M.F., 41.) … This is most clearly illustrated by Robert's affidavit, which states in relevant part: "I am not sure what happened ....

Henderson v. Estate of Douglas J. Wiggins

Superior Court of Maine · May 14, 2015

Officer Murray qualified this statement by explaining that "the road conditions changed very quickly. It wasn't a gradual onset. … Here, the Complaint clearly asserts Mr. Kay was an employee of Mr. Wiggins d/b/a Option Rentals. (Complaint~ 19.)

Almeder v. Town of Kennebunkport

Superior Court of Maine · Aug 17, 2010

It would appear that Attorney Scannell is qualified as an expert generally in the area of real estate law. … The deed also clearly describes the property conveyed.

Seaforth Housing v. City of Portland

Superior Court of Maine · Dec 13, 2005

The Study, for its part, concludes clearly that the proposed construction presents no traffic problems: the Executive Summary of the Study notes, "It is the opinion of Gorrill-Palmer Consulting Engineers, Inc. that the local … ~A review of the record establishes that t h s contention is without merit.

Kenney v. Hillhouse, Inc.

Superior Court of Maine · Jan 26, 2011

In Picher, the Law Court, after addressing the defendant's defense of charitable immunity, found that the plaintiff stated a claim for fraudulent concealment. Picher, <JI 30, 974 A.2d at 295-96. … is a patient or resident of a facility of the Department of Health and Human Services or residential care facility maintained or licensed by the Department of Health and Human Services, unless clearly

Stevens v. Marriner, Inc.

Superior Court of Maine · Nov 19, 2003

Both individuals are qualified to conduct those services. In taxable year 1999, plaintiff Stevens reported wages of $46,023.70 from Quality Testing and Design, Inc. from income of $221,875.77. … The use of that equipment clearly was a benefit provided to the defendants.

Martin v. Harris

Superior Court of Maine · Sep 22, 2015

Between September 8, 2012 and early October the evidence establishes that Mary Louise was able to sit up, converse, read and generally communicate, although she remained hospitalized. … Beneficiaries of any trust created under this trust unless waived by the Qualified Beneficiaries.

Northern Springs, Inc. v. Town of Wells

Superior Court of Maine · Mar 12, 2004

This restriction is not absolute, however, ° Plaintiff Northern qualifies these statements by Defendant Town by stating, “the only alternatives that the Town suggested at the meetings were to build a new road, or to build … Accordingly, if the state statute in question clearly discriminates against out-of-state business then this is considered a per se ban.

Aquafortis Associates, LLC v. Maine Department of Environmental Protection

Superior Court of Maine · Feb 26, 2018

Townsend did not "set[} water levels/' as required to qualify for the exemption, regardless of whether it constitutes a permit. … Clearly the newer term, "water level regime," is broader and more general than "normal water level."