Case law

Bath Iron Works Corp. v. Maine Workers' Compensation Bd.

Superior Court of Maine · Aug 11, 2008

Petitioner v. MAINE WORKERS' COMPENSATION BOARD Respondent v. … Town of Eagle Lake v.

Zbigniew v. Town of Falmouth

Superior Court of Maine · Apr 28, 2011

The executive C1nd C1dministrative C1uthority of a town is generC1/ly vested in the board of selectmen, acting as a body. Sirois v. … Wells v. Portland Yacht Club, 2001 ME 20, <I[ 5, 771 A.2d 371 (quoting Farley v. Town ofWashburn, 1997 ME 218, <I[ 5, 704 A.2d 347). Here, the issue was not raised before the Board.

Concerned Citizens of Gorham Inc. v. Town of Gorham

Superior Court of Maine · Sep 2, 2008

In contrast, factual determinations made by a local planning 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 a planning board's decision if there is evidence in the record that could support the board's determination. Twigg v.

Garvey v. Town of Wells

Superior Court of Maine · Jun 2, 2006

When the Board reviews a disputed tax assessment, it presumes that the Assessor's valuation of the property is valid. Yusem v. Town of Raymond, 2001 ME 61, ¶ 8, 769 A.2d 865, 869-.70. … State Highway Comm'n, 283 A.2d 655, 658 (Me. 1971), a property owner's opinion as to the fair market value of her property is also competent evidence to be consiclered by the Board. Landry v.

Gerard v. City of Gardiner

Superior Court of Maine · Apr 18, 2003

Ranco v. Cit of Bangor, 1997 ME 65, ] 6, 691 A.2d 1238, 1239. … Ryan v. Town of Camden, 582 A.2d 973, 975 (Me. 1990).

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.

J & L Sand, Inc. v. Town of Lyman

Superior Court of Maine · May 9, 2007

The party appealing a board's decision bears the burden of persuasion. Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (Me. 1996). … A municipal board's interpretation of a zoning ordinance, however, is a legal question entitled to de novo review. Lewis v. Town of Rockport, 2005 ME 44, q[ 11, 870 A.2d 107, 110.

Moon v. Town of Brunswick

Superior Court of Maine · Nov 21, 2008

Gensheimer v. Town of Phippsburg, 2005 ME 22, <[<[ 15-16, 868 A.2d 161, 166; and Stewart v. Town of Sedgwick, 2000 ME 157, 757 A.2d 773. … Salisbury v. Town of Bar Harbor, 2002 ME 13, 788 A.2d 598.

Dubois Livestock, Inc. v. Town of Arundel

Superior Court of Maine · Sep 16, 2013

Sargent, Inc. v Town of Wells, 676 A.2d 920, 923 (Me. 1996); Bizier v. Town of Turner, 2011l\1E 116, ~8, 32 A.3d 1048; Anderson v. Me. Pub. Employees Ret. Sys, 2009l\1E 134, ~3, 985 A.2d 501. … P. 80B, a petitioner has 30 days to appeal a decision by the CEO, the Planning Board, or Review Board.

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

Hannaford v. Town of Kennebunk

Superior Court of Maine · Feb 6, 2006

V, p. 1835. … In Bruk v.

Adams v. Town of Brunswick

Superior Court of Maine · Feb 13, 2009

This is not unusual, see Viles v. … See, e.g., Rangeley Crossroads Coalition v. LURC, 2008 ME 115 <J[<J[ 12-13, 955 A.2d 223, 227-29; Lentine v. Town of St.

Schwabe v. Town of Swan's Island

Superior Court of Maine · Nov 12, 2002

Griffin v. Town of Dedham, 2002 ME 105, 6, 799 A.2d 1239; Stewart v. Town of Sedgwick, 2000 ME 157, 94, 757 A.2d 773. … If the record and the Boards findings are insufficient to permit meaningful review, the court may remand the matter to the Board for further findings of fact. Christian Fellowship and Renewal Center v.

Halliday v. Henry

Superior Court of Maine · Dec 6, 2016

The letter also stated the Code Enforcement Office, Planning Board and Board of Appeals found that the new house and garage were designed in accordance with the Town's Ordinances, including a provision that the structures … Standard of Review The Law Court has held that self-represented parties are subject to the same standards as represented parties, Brown v.

Forster v. Town of Kittery

Superior Court of Maine · Jul 6, 2004

Priestly v. Town of Hermon, 2003 ME 9, q 6, 814 A.2d 995, 997. The Superior Court will affirm the Board’s decision unless it is unlawful, arbitrary, capricious, or unreasonable. Senders v. … With regard to the factual determinations made by the Board, the burden is on Plaintiff to prove that based on the evidence the board should have reached a contrary conclusion. Britton v.

Dyer v. Town of Hudson

Superior Court of Maine · Jan 14, 2002

Christian Fellowship and Renewal Center v. Town of Limington, 2001 ME 16, { 17, 769 A.2d 834, 840. 11 Center v. Town of Limington, 2001 ME 16, 7 19, 769 A.2d 834, 840; Pearson , 590 A.2d at 537 n.1; Driscoll v. … In Turbat Creek Preservation, LLC v.

Lake Region Furniture v. Town of Gorham

Superior Court of Maine · Apr 24, 2003

Planning Board Decision In its deliberations, the Planning Board properly distinguished between nonconforming uses, and nonconforming structures or lots. R. at 429: see Oliver v. … See Oliver v.

Norris Family Assocs. v. Town of Phippsburg

Superior Court of Maine · Dec 3, 2004

appeal to the local zoning board first before turning to this court. Gagne v. Lewiston Crushed Stone Co., Inc., 367 A.2d 613, 618-19 (Me. 1976). See also Brackett v. … To establish standing, the party “must (1) have appeared before the board of appeals; and (2) be able to demonstrate a - particularized injury as a result of the board’s action.” Id. (quoting Rowe v.

Saunders v. Town of Standish

Superior Court of Maine · Jan 26, 2006

Persson v. … Substantial evidence is evidence that is sufficient for a board to have reasonably found the facts as it did. Ryan v.

Thompson v. Town of Casco

Superior Court of Maine · Feb 10, 2003

. v. … Inc. v.