Case law

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  • Callaghan v. City of South Portland

    Superior Court of Maine · Mar 31, 2014

    Hensley v. Eckerhart, 461 U.S. 424, 433 (1983); Torres-Rivera v. … Supreme Court in Pickering v. Board of Education, 391 U.S. 563, 568 (1968). The court agrees with the City on this issue. As the U.S. Supreme Court stated in United States v.

    Cited 0 timesUnpublished
  • Webber v. Town of Ogunquit

    Superior Court of Maine · Jan 21, 2015

    Barber v. … The Board was not required to compose its own detailed findings. See Thacker v. Konover Dev.

    Cited 0 timesUnpublished
  • Ghidoni v. Maine Public Employees Retirment System

    Superior Court of Maine · Oct 16, 2019

    Ass'n v. … (quoting Scamman v.

    Cited 0 timesUnpublished
  • Althenn v. Town of China Code Enforcement Officer

    Superior Court of Maine · Jan 20, 2009

    .; RT 'j Petitioner v. … Nevertheless, the board member in question notified the Board of his potential conflict of interest and recused himself from voting.

    Cited 0 timesUnpublished
  • Doane v. Maine Department of Health and Human Services

    Superior Court of Maine · May 15, 2020

    See Cline v. Me. Coast Nordic, 1999 ME 72, ~ 9,728 A.2d 686. The problem with his argument, however, is that the Board of Licensure's decision not to revoke Dr. … See Gulick v. Bd. of Envtl.

    Cited 0 timesUnpublished
  • Terfloth v. Town of Scarborough

    Superior Court of Maine · Jan 3, 2012

    Toomey v. Town of Frye Island, 2008 ME 44, 'IT 12, 943 A.2d 563 (quoting Sproul v. Town of Boothbay Harbor, 2000 ME 30, 'IT 8, 746 A.2d 368). … "The burden is on the taxpayer to establish before the [Board] that the assessed valuation in relation to the just value is manifestly wrong." Weekley v.

    Cited 0 timesUnpublished
  • Bougopoulos v. State of Maine Bd. of Dental Exam'rs

    Superior Court of Maine · Dec 12, 2006

    ORDER ON PLAINTIFF'S AND DEFENDANT'S MOTION TO DISMISS RULE 80C APPEAL v. … VAS, LLC v. Davric Me. Corp., PORSC-CV-2003-661 (Me. Super. Ct. Cum. Cty., Jul. 7,2004) (Crowley, J.).

    Cited 0 timesUnpublished
  • Boucher v. State of Maine

    Superior Court of Maine · Jul 7, 2016

    CR-14-0627 MICHAEL BOUCHER, Petitioner V. … Rowe v. Cuyler, 534 F. Supp. 297, 301 (E.D. Pa. 1982). 21.

    Cited 0 timesUnpublished
  • Bond v. Town of Windham

    Superior Court of Maine · Jan 4, 2016

    BOND, Plaintiff V. … Commerce Bank & Trust Co. v. Dworman, 2004 ME 142, <]I 8, 861 A.2d 662.

    Cited 0 timesUnpublished
  • Rossignol v. Maine Public Employees Retirement System

    Superior Court of Maine · Dec 1, 2015

    This Court cannot substitute its judgment for the Board's. See Anderson v. Me. Pub. Emples. Ret. Sys., 2009 ME 134, ~ 28, 985 A.2d 501 (citations omitted). … Rossignol argues that the Board failed to consider the combined effects, which is required under Hale-Rice v. Maine State Retirement Sys., 1997 ME 64, 691 A.2d 232.

    Cited 0 timesUnpublished
  • Horton v. Town of Casco

    Superior Court of Maine · Aug 16, 2012

    Camp v. Town of Shapleigh, 200S ME 53, 'IT 9, 943 A.2d 595 (quoting McGhie v. Town of Cutler, 2002 ME 62, 9I 5, 793 A.2d 504). … Asso. v. Naples, 486 A.2d 91, 95 (Me. 1984) (requiring the split of an appeal regarding zoning issues to the zoning board and subdivision issues to the Superior Court).

    Cited 0 timesUnpublished
  • Montgomery v. Eaton Peabody, LLP

    Superior Court of Maine · Mar 24, 2015

    Because the 10 I 31 I 05 remand by the Board of Appeals was not a final judgment, no appeal was possible. See Bruesewitz v. Grant, 2007 ME 13, t]I 5, 912 A.2d 1255, 1257; see also Aubry v. … Accordingly, the plaintiffs did not suffer a particularized injury as a result of the decision of the Board. See Witham Family Ltd. P'ship v. Town of Bar Harbor, 2011 ME 104, <n: 7, 30 A.3d 811; Brooks v.

    Cited 0 timesUnpublished
  • Bassett v. The Inh. of the city of Biddeford

    Superior Court of Maine · Jul 5, 2013

    Sargent, Inc. v Town of Wells, 676 A.2d 920, 923 (Me. 1996). The burden of persuasion is born by the party seeking to vacate the agency's decision. Bizier v. Town of Turner, 2011 :ME 116, ~8, 32 A.3d 1048; Anderson v. … If, however, the Board acted only in an appellate capacity, we review directly the decision of the Planning Board, or other previous tribunal, not the Board of Appeals. Stewart v.

    Cited 0 timesUnpublished
  • Watts v. Maine Bd. of Envtl. Protection

    Superior Court of Maine · Oct 4, 2013

    First, the Court is not convinced that this argument has been preserved, as it does not appear to have been presented to the Board. See New Eng. Whitewater Ctr., Inc. v. … Warren Co. v. Board if Environmental Protection, 2005 ME 27, 868 A.2d 210, for this proposition.

    Cited 0 timesUnpublished
  • Campbell v. City of South Portland

    Superior Court of Maine · Aug 27, 2014

    Jordan v. City of Ellsworth, 2003 ME 82 1 8, 828 A.2d 768, 771. On factual issues the court may not substitute its judgment for that of the board. … Just because a different conclusion could be drawn from the record does not justify overturning the board's decision if there is evidence in the record that could support the board's determination. Twigg v.

    Cited 0 timesUnpublished
  • Trattner v. Maine Public Employees Retirement System

    Superior Court of Maine · Jan 7, 2016

    Anderson v. Me. Pub. Emps. Ret. Sys., 2009 ME 134, ~ 4, 985 A.2d 501 ; 5 M.R.S. § 17921(1)(A)-(B) (2014); Douglas v. Ed. ofTrs., 669 A.2d 177, 179 (Me . 1996). … Combined Effects The court finds that the Board did consider the combined effects of petitioner's hearing and vision loss. In Hale-Rice v. Me . State Ret.

    Cited 0 timesUnpublished
  • Connon v. The Colony Hotel

    Superior Court of Maine · Mar 15, 2000

    Comeau v. Maine Coastal Services , 449 A.2d 362, 365. … The Court reasoned that “[e]ven though in Brown v.

    Cited 0 timesUnpublished
  • Sullivan v. Randall-Collins Post

    Superior Court of Maine · Oct 26, 2016

    Watt v. UniFirst C01p., 2009 ME 47. … As the Law Court in Doyle v.

    Cited 0 timesUnpublished
  • Cianchette v. Tucker Chevrolet, Inc.

    Superior Court of Maine · Jan 6, 2023

    of Bar Overseers ("the Board"). … See Dalot v.

    Cited 0 timesUnpublished
  • Johansen v. City of Bath

    Superior Court of Maine · Dec 14, 2010

    Seider v. … In Glasser v.

    Cited 0 timesUnpublished

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