Case law

Uliano v. Maine Bd. of Envtl. Prot.

Superior Court of Maine · Feb 18, 2003

The Law Court in Steward v. … Seider v. Board of Examiners of Psychologists, 2000 ME 206, q9, 762 A.2d 551. In light of the Petitioner’s burden, they have failed to demonstrate that the Board’s decision was arbitrary and capricious.

Spurwink Svs., Inc. v. Maine Dep't of Health and Human Svs.

Superior Court of Maine · Aug 4, 2010

The only question is whether the 2009 Appropriations Act requires DHHS to adopt new rules setting a standard room and board relte. Statutory interpretation is a question of law, Garrisoll City Broad., ll1c. v. … Ass 'II (:f HCI7/t/1 P/nlls v. SlIpcrilltcndcnt of 1115.,2007 ME 69, <j[ 32,923 A.2d 918, 927; Cobb v. Bd. OrCol/llsc/illS Prof'/s Liccllsl/rc, 2006 ME 48, <]I 13,896 A.2d 271, 275).

Fogg v. Town of Eddington

Superior Court of Maine · Dec 31, 2001

A board's decision is reviewed for an abuse of discretion, errors of law or findings not supported by substantial evidence in the record. Chapel Road Associates, L.L.C. v. … Wozneak v. Town of Hudson, 665 A.2d 676, 678 (Me. 1995).

Hannum v. Maine Bd. of Envtl. Prot.

Superior Court of Maine · Nov 12, 2002

Connolly v. Board of Social Work Licensure, 2002 ME 37, J6, 791 A.2d 125. Petitioners have the burden to show the Board's decision was an error of law. Freyburg Health Care Center v. … Maritime Energy v. Fund Insurance Review Board, 2001 ME 45, 17, 767 A.2d 812.

Lane v. Town of Millinocket

Superior Court of Maine · May 20, 2002

Seider v. Board of Examiners of Psychologists, 2000 ME 118, J 19, 754 A.2d 986, 991, quoting Mathews v. Eldridge, 424 U.S. 319, 334 (1976). … The Board argues that the decision is adequate and speaks for itself. See Bragdon v.

Brookes v. Town of Scarborough

Superior Court of Maine · Jul 29, 2005

York v. Town of Ogunquit, 2001 ME 53, ¶ 6, 769 A.2d 172,175, Cumberland Farms v. Town of Scarborough, 1997 ME 11, 3, 688 A.2d 914, 915. Senders v. … Town of Camden, 582 A.2d 861, 863 (Me. 1991).A court cannot substitute its own judgment for that of the board. Boivin v. Town of Sanford, 588 A.2d 1197,1199 (Me. 1991).

Kelley v. Maine Pub. Employees Ret. Sys.

Superior Court of Maine · Aug 20, 2008

The Medical Board is designated by the Board of 3 Trustees of the Maine State Retirement System to report directly to the Executive Director and Board of Trustees. … County Act ion _--"P-<:e'-1t...Jiul_-iuo..un-L-fLJOlLTL-RaceJ/.v.....iJ:.

Applegate Association No. 1 v. Collins

Superior Court of Maine · Apr 28, 2023

Marisol A. v. Giuliani, 111 F. … ."); Kirsch v.

Nat'l Org. for Marriage v. Maine Comm'n on Governmental Ethics and Election Practices

Superior Court of Maine · Jun 27, 2012

NATIONAL ORGANIZATION FOR MARRIAGE, STAND FOR MARRIAGE MAINE PAC, and BRIAN BROWN, Petitioners v. … NAACP v. Alabama, 357 U.S. 449,460 (1958).

Widewaters Stillwater Co. v. City of Bangor

Superior Court of Maine · Mar 26, 2003

Kurlanski v. Portland Yacht Club, 2001 ME 147, 9 9, 782 A.2d 783, 786. … Wakelin v. Town of Yarmouth, 523 A.2d 575, 577 (Me. 1987).

Reguera v. M.S.A.D. No. 60 Bd. of Dir.

Superior Court of Maine · Nov 21, 2002

GARBRECHT Plaintiffs LAW LIBRARY v. … They argue that a recent Federal case, Logiodice v.

Whitley v. Bd. of Trustees, Maine Pub. Employees Retirement Sys.

Superior Court of Maine · Jul 24, 2009

Centamore v. Dep't of Human Servs., 664 A.2d 369, 370 (Me. 1995). … The burden of proof rests with the party seeking to overturn the agency's decision, and that party must prove that no competent evidence supports the Board's decision. Bischoff v.

Lauze v. Town of Harpswell

Superior Court of Maine · Aug 28, 2006

Twigg v. Town of Kennebunk, 662 A.2d 914, 915 (Me. 1996). Finally, the party seeking to overturn the board's decision has the burden of demonstrating that the evidence compels a contrary conclusion. Boivin v. … See Bell v. Wells, 557 A.2d 168, 173 (Me. 1989). D.

Inhabitants of the Town of Easton v. Glick

Superior Court of Maine · Jan 3, 2017

Vienna v. Kokernak, 612 A.2d 870, 872 (Me. I 992). … Yusem v. Town of Raymoncl, 200 l ME 61, ~ 8.

Ogunquit Falls Mgmt., LLC v. Town of Ogunquit

Superior Court of Maine · Oct 29, 2004

AP-03-072 pas “YOR Te 39 bo OGUNQUIT FALLS MANAGEMENT, LLC, Plaintiff v. … In a series of cases the Law Court stressed the importance of local boards making adequate findings to allow judicial review. See, among others, Christian Fellowship and Renewal Center v.

Smist v. Bd. of Trustees for the Maine Pub. Employee Retirement Sys.

Superior Court of Maine · May 18, 2009

(quoting Hale-Rice v. Me. State Ret. … Steele v. Me. Pub. Empls. Ret. Sys., 2008 Me. Unpub. LEXIS 169 (Me. 2008). There is substantial evidence in the record now before the Court to support the Board's conclusions.

Aubry v. Town of Mount Desert

Superior Court of Maine · Mar 12, 2010

A Planning Board's decision is given deference and "[w]e will not substitute our own judgment for that of the Board." Forbes v. Town of Southwest Harbor, 2001 ME 9, ~ 6, 763 A.2d 1183, 1186. … See Secure Environments, Inc. v.

Reed Street Neighborhood Housing v. City of Westbrook

Superior Court of Maine · Apr 13, 2006

See Larrivee v. Timmons, 549 A.2d 744, 747 (Me. 1988). This principle applies equally in the context of quasi-judicial administrative proceedings before a municipal body, such as a planning board. See id. … J Justice, Superior Court n W W H m 10OOXU CD 0 0 w r o m I m LC w *w o r m ;& 0 H 0 N H V C *z

Cohen v. Schwartz

Superior Court of Maine · May 24, 2006

The Superior Court reviews the findings of a local town board "for an abuse of discretion, error of law, or findings unsupported by substantial evidence in the record." Ytlsem v. … In other words, a demonstration that no competent evidence supports the local board's findings is required in order to vacate the board's decision. Thacker v. Konover Dm. Coy., 2003 ME 30, ¶8,818 A.2d 1013,1017.

Huddleson v. Inhabs. of the Town of Eliot

Superior Court of Maine · Jul 6, 2004

With regard to the factual determinations made by the Board of Appeals, the burden is on Plaintiff to prove that based on the evidence the board should have reached a contrary conclusion. Britton v. … See Part V, infra.