Case law

Cole v. Town of Gray

Superior Court of Maine · Mar 21, 2007

Just because a different conclusion could be drawn from the record does not justify overturning a planning board's decision if there is evidence in the record that could support the board's determination. Twigg v. … Personal knowledge, when competent, may be considered by members of a planning board. See Pine Tree Telephone & Telegraph Co. v. Town of Grav, 631 A.2d 55, 57 (Me. 1993); Lippoth v.

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.

Jadd v. The Inh. of the Town of Old Orchard Beach

Superior Court of Maine · Apr 14, 2010

After a presentation to the Z.B.A. in March 2009, the board voted to grant the variance. … Town of Wiscasset v. Board of Environmental Protection, et al., 471 A.2d 1045 (Me. 1984); Jackson v. Town of Kennebunk, 530 A.2d 717 (Me. 1987).

Rich v. Town of Harpswell

Superior Court of Maine · Dec 30, 2011

Brackett 2003 ME 109 <J[ 23, 831 A.2d at 429 (emphasis added), quoting Keating v. Zoning Board of Appeals of Saco, 325 A.2d 521,524 (Me. 1974). … Brackett v.

Leighton v. The Town of Falmouth

Superior Court of Maine · Sep 12, 2008

Substantial evidence is evidence that is sufficient for a board to have reasonably found the facts as it did. Ryan v. Town of Camden, 582 A.2d 973, 975 (Me. 1990). … Kurlanski v. Portland Yacht Club, 2001 NIB 147, en 9, 782 A.3d 783, 786 (citing Rockland Plaza Realty Corp. v. City of Rockland, 2001 ME 81, en 7, 772 A.2d 256, 259); see also Isis Development, LLC v.

Morrills Corner, LLC v. City of Portland

Superior Court of Maine · Aug 1, 2007

A municipal board's interpretation 3 of a zoning ordinance, however, is a legal question entitled to de novo review. Lewis v. … The party appealing the zoning board's decision bears the burden of persuasion. Twigg v. Town of Kennebunk, 662 A.2d 914,916 (Me. 1996). 2.

Lineberger Family Partnership v. Town of Scarborough

Superior Court of Maine · Mar 22, 2007

Substantial evidence is evidence that is sufficient for a board to have reasonably found the facts as it did. Ryan v. Town of Camden, 582 A.2d 973, 975 (Me. 1990). … Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (1996). The Court must not substitute its judgment for that of a board. [d.

Moore v. State of Maine Bd. of Dental Exam'rs

Superior Court of Maine · Apr 18, 2008

Zegel v. Board of Social Work Licensure, 2004 ME 31, <j[ 16, 843 A.2d 18,22. Discussion: Petitioner argues that Dr. … [d. n. 3 (citing Withrow v. Larkin, 421 U.s. 35 (1975)).

Silsby v. City of Ellsworth

Superior Court of Maine · Jun 21, 2007

See Baker's Table, Inc. v. … Nothing in the record suggests that the plaintiffs were caught off guard or were otherwise prejudiced by the procedure used by the Board. Cf Town ofOgunquit v.

Comeau v. Town of Kittery

Superior Court of Maine · Nov 7, 2006

Comeau cannot indirectly challenge that decision in this action. 3 record contains evidence to justify the Board's determination." Lewis v. … Carroll v. Town of Rockport, 2003 ME 135, 931, 837 A.2d 148, 157.

White v. Town of Naples

Superior Court of Maine · Aug 30, 2013

See Brackett v. … Am., Inc. v. Town of Fryeburg, 2009 ME 30, CJ[ 31, 967 A.2d 702). Under these circumstances, a remand to the Board is appropriate.

Barrett v. Town of Bar Harbor

Superior Court of Maine · Oct 18, 2004

Barrett, Plaintiff 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.

Tarbox v. Inh. Of Town of York

Superior Court of Maine · Sep 27, 2011

York v. Town of Ogunquit, 2001 ME 53, <][7. … . §469-A become effective this week and, if constitutional (see Driscoll v.

Zahares v. Town of Old Orchard Beach

Superior Court of Maine · Dec 1, 2009

Juliano v. Town of Poland, 1999 ME 42, <j[ 7, 725 A.2d 545, 548 (quoting Wright v. Town of Kennebunkport, 1998 ME 184, <j[ 8, 715 A.2d 162, 165)- (quotations omitted); see Upjohn Co. v. … Mills v. Town of Eliot, 2008 ME 134, err 5, 955 A.2d 258, 261. This Court may not substitute its own "judgment for that of the Board." York v.

Damon v. Inhabs of the Town of St. George

Superior Court of Maine · Jan 20, 2005

Yates v. Town of Southwest Harbor, 2001 ME 2, 910, 763 A.2d 1168, 1171 (citing Sproul v. Town of Boothbay Harbor, 2000 ME 30, 7 8, 746 A.2d 368, 372). … The court is not permitted to “make findings independent of those explicitly or implicitly found by the board or [to] substitute its judgment for that of the board.” Perrin v.

Rogers v. Town of Old Orchard Beach

Superior Court of Maine · May 14, 2007

In order to appeal a local board's decision, the appellant must "have appeared before the board of appeals" and "be able to demonstrate a particularized injury as a result of the board's action." Sproul v. … The party appealing a board's decision bears the burden of persuasion. Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (Me. 1996).

State of Maine v. Dobbins

Superior Court of Maine · May 24, 2017

State v. Higgins, 2002 ME 77; citing Illinois v. Gates, 562 US 213. … Red brown staining was found in the interior of the pickup.

Greenlaw v. Town of Cumberland

Superior Court of Maine · Mar 4, 2009

York v. … Keating v. Zoning Board of Appeals of Saco, 325 A.2d 52L 524 (Me. 1974).

Carrier v. Bustins Island Village Corp.

Superior Court of Maine · Mar 3, 2017

Friends of Lincoln Lakes v. Town of Lincoln, 2010 ME 78, <IT 9, 2 A.3d 284. The decision is reviewed for errors of law, abuse of discretion, or findings not supported by substantial evidence. Aydelott v. … Humboldt Field Research Inst. v. Town of Steuben, 2011 ME 130, <IT 5, 36 A.3d 873 (citing Searle v. Town of Bucksport, 2010 ME 89, <IT 8, 3 A.3d 390). 2  III.

Rousselle v. Town Council of the Town of S. Berwick

Superior Court of Maine · Sep 29, 2006

See Wells v. Portland Yacht Club, 2001 ME 20, ¶4, 771 A.2d 371, 373. A municipal officer may appeal a board's decision if "aggrieved by [the] decision." Crosby v. … Board members for their votes . . . are not findings." Carroll v. Town of Rockport, 2003 ME 135, q[31,837 A.2d 148,157.