Case law

Buell v. Town of Southwest Harbor

Superior Court of Maine · Sep 3, 2003

Griffen v. Town of Dedham, 2002 ME 105, § 6, 799 A.2d 1239. “Courts review the Operative municipality decision.” Drinkwater v. Town of Milford, Penobscot Superior Court docket no. … See Thompson v. Town of Casco, Cumberland Superior Court docket no. AP-02-09, entered Feb. 10, 2003 (citing Levesque v.

Wells v. Anthem Health Plans of Maine

Superior Court of Maine · May 9, 2006

V. … See Bahre v.

Waterhouse v. Town of Kennebunk

Superior Court of Maine · Oct 26, 2004

Town of Southwest Harbor v. Harwood, 2000 ME 213, {l 6, 763 A.2d 115, 117. “Substantial evidence is ‘evidence that a reasonable mind would accept as sufficient to support a conclusion.” York v. … Findings of a board of review will not be overturned “unless the record compels a contrary finding.” Northeast Empire v. Town of Ashland, 2003 ME 28, { 9, 818 A.2d 1021, 1024 (citing Yusem v.

Lane Constr. Corp. v. Town of Washington

Superior Court of Maine · Mar 31, 2005

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. … See Stewart v. Town of Sedgwick, 2000 ME 157, { 4, 757 A.2d 773, 775. If, however, the board acted only in an appellate capacity, the court reviews directly the decision of the planning board, not the board of appeals.

Ouellette v. The Maine Pub. Employees Retirement Sys.

Superior Court of Maine · Sep 15, 2008

Co. v. Maine Unemployment Ins. Comm'n, 544 A.2d 728, 732 (Me. 1988). … The Board has responsibility for the proper operation of the Retirement System and for making the Act effective as well as formulating policy and supervising the Act. See Huard v. Bd. of Trs., Maine State Ret.

Parisi v. Town of Deer Isle

Superior Court of Maine · Nov 4, 2004

Gorham v. Town of Cape Elizabeth, 625 A.2d 898, 902 (Me. 1993). Here, Parisi makes two distinct arguments that the Planning Board proceeding was affected by bias. … See Rockland Plaza Realty v. City of Rockland, 2001 ME 81, §§ 6, 25-37 (Alexander, J., dissenting), 772 A.2d 256, 258-59, 262-266; see also Malonson v.

Ratajczak-Leaman v. Maine Pub. Employees Retirement Sys.

Superior Court of Maine · May 15, 2008

Seider v. Board of Examiners of Psychologists, 2000 ME 206, <j[ 9, 762 A.2d 551, 555. "Inconsistent evidence will not render an agency decision unsupported." Id. … Steele v.

Sebago-Long Lake Waterway Marina, Inc. v. Town of Naples

Superior Court of Maine · Nov 29, 2007

See, e.g., Baker's Table Inc. v. City of Portland, 2000 ME 7 «JI 9, 743 A.2d 237, 241; Ryan v. Town of Camden, 582 A.2d 973, 975 (Me. 1990); Gashgai v. … Finally, the Law Court's decision in Adelman v.

Willis v. Town of York

Superior Court of Maine · Sep 22, 2006

Also see Rockland Plaza Realty Corp. v. … Also see Southridge Coy. v. Board of Environmental Protection, 655 A.2d 345, 348 (Me. 1995). The entries are: The decision of the York Harbor Board in AP-04-81 is reversed.

Kargar v. Town of Falmouth

Superior Court of Maine · Mar 5, 2008

Isis Development LLC v. Town of Wells, 2003 ME 149 <]I 3, 836 A.2d 1285, 1287. … Cianchette Family LLC's Interest Based on Madore v.

Lentz v. Maine State Bd.of Licensure in Med.

Superior Court of Maine · Feb 6, 2004

Centamore v. Dep’t of Human Services, 664 A.2d 369, 370 (Me. 1995). … Seider v. Board of Exam’r of Psychologists, 2000 ME 206 79, 762 A.2d 551, 555 (Me. 2000) (citing CWCO, Inc. v. Superintendent of Ins., 1997 ME 226, ]6, 703 A.2d 1258, 1261 (Me. 1997)).

Schroeder v. Department of Environmental Protection

Superior Court of Maine · Mar 1, 2006

) DEPARTMENT OF ENVIRONMENTAL) PROTECTION and BOARD OF ENVIRONMENTAL PROTECTION, ) et als, Respondents, The Petitioners in these consolidated appeals challenge a decision of the Board of Environmental … The decisions g v e considerable attention to hydrogeology and geology. Issues of noise, odor, impact and traffic have been the subject of the licensing applications and review.

Maine Farmers Exch., Inc. v. Farm Credit of Maine, A.C.A.

Superior Court of Maine · Jan 5, 2001

In Massey-Ferguson Credit Corp. v. Brown, Massey-Ferguson was found liable to account debtor because it participated in the sale in question. If it had not, it would not be liable for debtors failure to perform. … Massey-Ferguson Credit Corp. v. Brown, 567 P.2d 440, 443 (MT 1977). 9 significant number of the orders which MFX eventually placed with NEI. Here, all of NEI’s accounts receivable had been assigned to Farm Credit.

Pierce v. Town of Kennebunk

Superior Court of Maine · Oct 23, 2007

The Law Court has distinguished between decisions rendered at hearing by a board as opposed to written decisions from town officials. Compare Vachon v. … Town of Kennebunk, 499 A.2d 140 (Me. 1985) (holding that the 30-day appeal should begin to run immediately when a board takes its final public action), and Town of Freeport v.

Inhabs. of the Town of Levant v. Seymour

Superior Court of Maine · Jun 10, 2003

Banks v. Maine RSA # 1, 1998 ME 272, 7 4, 721 A.2d 655, 657. … See generally Yates v. Town of Southwest Harbor, 2001 ME 2, 1 11-14, 763 A.2d 1168, 1171-72; Salisbury v.

Boyington v. Town of Gray

Superior Court of Maine · Dec 28, 2011

In contrast, factual determinations made by a municipal board will only be overturned if they are not adequately supported by evidence in the record. Jordan v. … 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.

Roberts v. Town of Southwest Harbor

Superior Court of Maine · Feb 4, 2004

Cf Stewart v. … See Smith v. Welch, 645 A.2d 1130, 1132 (Me. 1994).

Higgins v. Maine Criminal Justice Academy

Superior Court of Maine · Jun 13, 2011

Friends of Lincoln Lakes v. Board of Environmental Protection, 2010 ME 18, ~ 13, 989 A.2d 1128 (citations omitted). "The 'substantial evidence' standard does not involve any weighing of the merits of evidence. … Ass'n v. Town of Bridgton, 2009 ME 64, ~ 11, 974 A.2d 893, 896; Fitanides v. City of Saco, 2004 ME 32, ~ 23, 843 A.2d 8, 15).

Boucher v. Maine Workers Compensation Bd.

Superior Court of Maine · Jun 30, 2011

The longer-standing of the two grounds is the Parmtt v. Taylor / Jackson v. Town of Searsport / Gregory v. Town of Pittsfield / Moreau v. … §11007(4) (2010), the court's review of the Board's decision may result in one of three decisions including judicial reversal or modification of the Board's findings if the Board's decision was in violation of the state

Peaker v. City of Biddeford

Superior Court of Maine · Aug 31, 2005

A remand to the Board is required before the Superior Court can review the Board's decision.  In Chapel Road Associates, L.L.C. v. … (quoting Maine AFL-CIO v. Stiperintendent of Ins., 595 A.2d 424, 428 (Me. 1991); see also Harrington v.