Case law

Rogers v. MacAdam

Superior Court of Maine · Apr 2, 2003

On two occasions, Defendant MacAdam failed to file a timely Case Scheduling Memorandum (CSM) with the Maine Workers’ Compensation Board, which dismissed the petitions without prejudice. … Brown, 161 Me. 52, 57, 206 A.2d 854, 856 (1965) (citing Rogers v. Portland and Brunswick Street Railway, 100 Me. 86, 90, 60 A. 713, 714 (1905)).

Portland Museum of Art v. Town of Scarborough

Superior Court of Maine · Jan 30, 2012

Walsh v. City of Brewer, 315 A.2d 200,207 (Me. 1974); see also Southridge Corp. v. Bd. of Envtl. … Plumbing Ordinance§ V(4)(C) (Mar. 21, 1979).

21 Seabran, LLC v. Town of Naples

Superior Court of Maine · Jan 25, 2016

In Hopkinson v. … In Wickenden v.

Thron v. Town of Kittery

Superior Court of Maine · Oct 16, 2015

Without the Board's findings or conclusions, this court cannot engage in meaningful review of the decision. This matter is therefore appropriate for remand. See Hartwell v. … to the agency or board to make the findings.")

Loder v. State of Maine

Superior Court of Maine · Sep 19, 2011

Moody v. State Liquor & Lottery Comm 'n, 2004 ME 20, ~ 7, 843 A.2d 43 (quoting Livonia v. Town of Rome, 1998 ME 39, ~ 5, 707 A.2d 83). … See South Portland Civil Service Comm 'n v.

Town of Minot v. Starbird

Superior Court of Maine · Jun 20, 2011

Here, the court reviews the Board decision because "the Board heard evidence and conducted a de novo review, ... and therefore the Board acted as fact-finder and decision-maker." !d. (citing Aydelott v. … Where the record and the Board's findings are insufficient, courts may remand the matter to the Board for further findings. See Sanborn v. Town ofSebago, 2007 ME 60, ~ 14,924 A.2d 1061, 1065-66; see also Carroll v.

Glover v. Town of Sebec

Superior Court of Maine · Jun 13, 2013

In this SOB Appeal of Government Action, the plaintiffs seek review of the Sebec Board of Zoning Appeals' denial of their appeal of a decision of the Sebec Planning Board. … Chapel Road Associates, LLC v. Town ofWells, 2001 ME 178 <Jr 9, 787 A.2d 137, 140. Here, the Zoning Board made no findings relevant to the issue that was to be decided.

Nicholson, M.D. v. State of Maine, Bd. of Licensure in Med.

Superior Court of Maine · Nov 30, 2006

NICHOLSON, M.D., Petitioner v. … the Board.

R.A. Cummings, Inc. v. Town of Topsham

Superior Court of Maine · Jul 1, 2004

CUMMINGS, INC,, d/b/a AUBURN CONCRETE, Plaintiff / Apellant v. ~" ORDER TOWN OF TOPSHAM, JUL 12 2004 Defendant/ Appellee This matter came before the court on appeal from a decision of the Town of Topsham Board of Appeals … (3) | Which board has jurisdiction to consider interpretation of zoning ordinances when an application is pending before the Planning Board? Are there Provisions for consultation between the boards?

Copp v. Longley

Superior Court of Maine · Aug 12, 2019

The Board's sole responsibility at that time was to determine whether or not a violation had occurred. See Town ofLevant v. … The only record included with petitioners 80B brief was a transcript of the October 8, 2018 hearing where the Board upheld the CEO's NOV. See Ram1s Head Partners. LLC v.

The Friends of Lincoln Lakes v. Town of Lincoln, Bd. of Appeals

Superior Court of Maine · Feb 3, 2010

Procedural Rules, Appeals Board of the Town of Lincoln § (V)(B)(4)-(5). … See Nergaard v.

Nessmann v. Hospital Administrative District No. 4

Superior Court of Maine · Mar 20, 2019

See Hathaway v. … In Count V, Sebec and Monson ask the Court to "declare that[,] under the provisions ofthe Nonprofit Act[,] amending the Charter is outside the scope of authority of the HAD4 Board and that the HAD4 Board's authority is

Estate of Merrill P. Robbins v. Inhabitants of the Town of Cumberland

Superior Court of Maine · Sep 15, 2015

If the Board of Appeals acts only in an appellate capacity, the court reviews the Planning Board's decision. Stewart v. Town of Sedgwick. 2000 ME 157, 'l[ 4, 757 A.2d 773. … . § 2691 applies to require that the Board undertake a de novo review of the application."). 3. Municipal Use v.

Duffy v. Town of Berwick

Superior Court of Maine · Aug 12, 2011

The Law Court in Glasser v. … Lane Construction Corporation v. Town ofWashington, 2008 ME 45, <[28, 942 A.2d 1202, 10.

Nadeau v. Maine Bd. of Dental Exam'rs

Superior Court of Maine · Dec 24, 2009

See New England Whitewater Ctr., Inc. v. … Petitioner points the Court to York Hosp. v.

Inh. of the Town of Milford and City of Old Town v. PPL Maine

Superior Court of Maine · Feb 8, 2012

This Court reviews the Board's decision directly for "abuse of discretion, error of law, or findings not supported by the evidence." Rangeley Crossroads Coal. v. … Id; Waterville Homes, 655 A.2d at 367; Yusem v.

Couture v. Town of Falmouth

Superior Court of Maine · Aug 14, 2012

See Joyce v. Lyman, 565 A.2d 90, 90 (Me. 1989) (quoting 36 M.R.S.A. § 841(2)). The court can only overturn the Board's decision if Ms. … Toomey v. Town of Frye Island, 2008 ME 44, <JI 12, 943 A.2d 563 (quoting Sproul v. Town of Boothbay Harbor, 2000 ME 30, <JI 8, 746 A.2d 368).

Old Point, Inc. v. Inh. of the Town of Lamoine

Superior Court of Maine · Oct 12, 2013

In other words, 36 M.R.S.A. § 844(2) expressly precludes the State Board from exercising jurisdiction over appeals relating to residential properties. See Wingate v. Town of York, Nos. 2003-005 & 2003-006 (B.P.T.R. … The State Board does not have jurisdiction over this matter because it pertains to a denial of an abatement related to a residential property. Turner v. Maine Revenue Servs., Nos. 2006-010 & 2006-011, at 2 (B.P.T.R.

Monro v. City of Portland

Superior Court of Maine · Jun 19, 2014

In Mutton Hill Estates Inc. v. … Plaintiffs also allege that "subsequent to the Pl-anning Board's approval," planning board staff met ex parte with the developer on the subject of stormwater drainage. Complaint en 49.

Keates v. Town of Freeport

Superior Court of Maine · Jul 5, 2021

The Town cites the Law Court's approval of language allowing the Board of Environmental to consider the impact of a project on nearby scenic and aesthetic uses in Uliano v. … Board ofEnvironmental Protection, 2009 ME 89, 129.