Case law

City of Caribou v. Ouellette

Superior Court of Maine · Jun 14, 2000

AP-00-7 CITY OF CARIBOU, SkKS-KEN- &)/Y ji bees Appellant v DECISION ON MOTION SUSAN OUELLETTE, . and MAINE LABOR RELATIONS BOARD, Respondents The petitioner City of Caribou has moved this court to allow the taking of … Court to remand to Board of Maine Labor Relations 6/15/00 DECISION ON MOTION, Studstrup, J. Remanded to the Maine Labor Relations Board for its further review and proceedigns consistent with this order.

Goguen v. Haddow

Superior Court of Maine · Oct 10, 2018

At the time of his plea, plaintiff was represented by attorney Donald Brown. (Def.'s Ex. 3 at 1.) … At the time of his plea, plaintiff was represented by attorney Donald Brown. (Def.'s Ex. 3 at 1.)

Nardi v. Town of Kennebunkport

Superior Court of Maine · May 16, 2007

This Court deferentially reviews a board's factual findings to detennine whether the evidence before the board justified the decision. Lewis v. Maine Coast Artists, 2001 ME 75, «JI 14, 770 A.2d 644, 650. … The Court may not overturn a board's decision "because the record is inconsistent" or it is possible to reach a "different conclusion" than the board did. Twigg v.

Moores v. Town of Newfield, Maine

Superior Court of Maine · Apr 5, 2010

See FMC Corp. v. … In Weekley v.

CPSP LLC v. City of S. Portland

Superior Court of Maine · Nov 7, 2007

Based primarily on Walsh v. … See Southridge Corp. v.

Rubackin v. Town of Winter Harbor

Superior Court of Maine · Mar 4, 2009

Camp v. Town of Shapleigh, 2008 ME 53, ~10, 943 A.2d 595, 598. The interpretation of a zoning ordinance presents a question of law to be reviewed de novo by this Court and, if appropriate, by the Law Court. Jade v. … Camp v. Town of Shapleigh, 2008 ME 53, ~ 9, 943 A.2d 595, 598 (quoting McGhie v. Town of Cutler, 2002 ME 62, ~ 5, 793 A.2d 504, 505).

Global Tower Assets, LLC v. Town of Rome

Superior Court of Maine · Sep 21, 2015

Jones v. York, 444 A.2d 382, 384 (Me. 1982) (citation omitted). This doctrine is "neither a matter of absolute obligation on the one hand nor of mere courtesy and good will upon the other." Fitch v. … Planning Board's decision; 3) the Planning Board's decision was a final municipal action on Plaintiffs' wireless application; and 4) the Plaintiffs' allegations of procedural and substantive wrongdoings on the part of

McIntyre v. Town of Clinton

Superior Court of Maine · May 4, 2018

AP-2018-15 CHARLES MCINTYRE, Plaintiff V. … The Board conducted the hearing as scheduled and the Plaintiff attended and testified.

Maine Auto. Dealers Ass'n Ins. Trust v. Superintendent of Ins.

Superior Court of Maine · Aug 31, 2009

Centamore v. Dep't of Human Servs., 664 A.2d 369,370 (Me. 1995). … Competitive Energy Servs., LLC v. Pub. Utils. Comm'n, 2003 ME 12, <[ 15, 818 A.2d 1039, 1046. If the statute is unambiguous, it is interpreted according to its plain language. Arsenault v.

Doyle v. Fernandez

Superior Court of Maine · Nov 6, 2018

See Brown v. Thaler, 2005 ME 75, 5, 880 A.2d 1113. In this case Doyle attempted service by certified mail, but did not obtain acknowledgments of service. … Brown v. Thaler, 2005 ME 75 ,r,r 8-13. A dismissal under Rule 12(b)(5) is without prejudice. Fries v. Carpenter, 567 A.2d 437, 439 (Me. 1989).

Harrison v. Town of Cranberry Isles

Superior Court of Maine · Mar 10, 2009

Camp v. Town of Shapleigh, 2008 ME 53, ~ 9, 943 A.2d 595, 598 (quoting McGhie v. Town of Cutler, 2002 ME 62, ~ 5, 793 A.2d 504, 505). … Toomey v. Town of Frye Island, 2008 ME 44, ~ 12, 943 A.2d 563, 566 (quoting Sproul v. Town of Boothbay Harbor, 2000 ME 30, ~ 8, 746 A.2d 368, 372).

Toomey v. Town of Frye Island

Superior Court of Maine · Feb 7, 2007

White v. Hollis, 589 A.2d 46, 48 (Me. 1991). … "The municipal officers and the planning board, agency or office responsible for enforcing the zoning ordinance are in their official capacities parties to all proceedings before the board of appeals." Crosby v.

Leighton v. Town of Falmouth

Superior Court of Maine · Mar 31, 2008

Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (1996). The Court must not substitute its judgment for that of a board on factual issues. Id. … /I Chapel Road Assoc., LLC v. Town of Wells, 2001 WIE 178, <.IT 10, 787 A.2d 137, 140 (citations omitted). "By skipping the step of making findings, the Board, in essence, invites a court to do the Board's job....

Ellsworth Commons v. City of Ellsworth

Superior Court of Maine · Jul 28, 2008

Thus, the resulting question is Whether, as a matter of law, the record compels the conclusion that Board's proceeding was affected by bias. Magnetic Resonance Technologies of Maine v. … Gensheimer v. Town of Phippsburg, 2005 ME 22, , 18,868 A.2d 161, 166.

Stockly v. Doil

Superior Court of Maine · Apr 30, 2004

See Mastriano v. Blyer, 2001 ME 134, 9 11, 779 A.2d 951, 954; Stanton v. Univ. of Maine Sys., 2001 ME 96, 1 7, 773 A.2d 1045, 1049. … AND JULIET BROWNE, ESQ.

Kelley v. Kimball

Superior Court of Maine · Oct 9, 2015

In Vogt v. … However, in Jacques v.

Reed Street Neighborhood Hous. v. City of Westbrook

Superior Court of Maine · Jan 18, 2007

T h s Court is "limited to determining whether the record contains evidence to justify the Board's [factual] determination." Lewis v. Maine Coast Artists, 2001 ME 75, q[ 14,770 A.2d 644,650. … Larrivee v. Timmons, 549 A.2d 744, 747 (Me. 1988). "[A] final adjudication in an administrative proceeding has the same preclusive effect as a final adjudication in a former court proceeding." Crosby v.

Thomas v. Maine State Retirement Sys.

Superior Court of Maine · Apr 8, 2008

' f b; L:' ,.J V … Seider v. Board of Exam'r of Psychologists, 2000 ME 206 CjI9, 762 A.2d 551,555 (Me. 2000) (citing CWCO, Inc. v. Superintendent of Ins., 1997 ME 226, CjI6, 703 A.2d 1258, 1261 (Me. 1997)).

Bates v. The Bd. Of Trustees, Maine State Retirement Sys.

Superior Court of Maine · Oct 9, 2008

See Dyer v. … See, ~ Thurber v. W.

Lincoln Home Corp. v. Inhabs. of the town of Newcastle

Superior Court of Maine · Feb 27, 2004

It cites to Town of Baldwin v. Carter, 2002 ME 52, 794 A.2d 62; Wakelin v. Town of Yarmouth, 523 A.2d 575; Waterville Hotel Corp. v. Board of Zoning Appeals, 241 A.2d 50; and most strongly, Kosalka v. … LLC v.