Case law

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.

Seymour v. Inhabitants of the Town of Levant

Superior Court of Maine · Dec 23, 2005

Cline v. Me. Coast Nordic, 1999 ME 72, lJD 10-13,728 A.2d 686,688-89. C t Town of Norlh Berwick v. … The decisionof the v - "1 - - --:- Board of Avveais is vacated.

Thaxter v. Zoning Bd. of Appeals

Superior Court of Maine · Aug 31, 2007

DISCUSSION This court reviews the Board's decision for" abuse of discretion, errors of law, or findings unsupported by substantial evidence in the record." McCullough v. … Sanborn v. town of Eliot, et al., 425 A.2d 629, 630 (Me. 1981). See also Time Enough Inc. v.

O'Connell v. Bar Harbor Bd. of Appeals

Superior Court of Maine · May 6, 2010

In Salisbury v. … In Moore v. Town of Bar Harbor, 2009 Me. Unpub.

Carmel v. City of Old Town

Superior Court of Maine · Feb 20, 2001

Singal v. City of Bangor, 440 A.2d 1048, 1051 (Me. 1982). … Adelman v. Town of Baldwin, 2000 ME 91, { 12, 750 A.2d 577, 583.

Inhabs. of the Town of Harpswell v. Kane

Superior Court of Maine · Mar 10, 2000

See Cline v. … Railway Labor Executives’ Assoc. v. Guilford Transp. Indus.

Seymour v. Inhabitants of the Town of Levant

Superior Court of Maine · Dec 23, 2005

Cline v. Me. Coast Nordic, 1999 ME 72, I l J 10-13,728 A.2d 686,688-89. Cf. Town of North Benvick v. … Cline v. Me. Coast Nordic, 1999 ME 72, lJD 10-13,728 A.2d 686,688-89. C t Town of Norlh Berwick v.

Cloutier-Hennigar v. Maine Workers' Comp. Bd.

Superior Court of Maine · May 28, 2003

Centamore v. Dep't of Human Serv., 664 A.2d 369, 370-71 (Me.1995). … Cline v. Maine Coast Nordic, 1999 ME 72, ¥ 9, 728 A.2d 686; Society of Lloyd's v. Baker, 673 A.2d 1336, 1341 (Me. 1996).

Phaiah v. Town of Fayette

Superior Court of Maine · Feb 24, 2004

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. … Twigg v.

Hains v. City of Portland

Superior Court of Maine · Sep 15, 2006

Brackett v. Town of Rangeley, 2003 ME 109, ¶ 15, 831 A.2d 422, 427. … Mack v. Municipal Officers of Cape Elizabeth, 463 A.2d 717, 719-20 (Me. 1983). See also Gensheimer v. Town of Phippsburg, 2005 ME 22, q[ 17, 868 A.2d 161, 166.

Randall v. Town of Harrison, Maine

Superior Court of Maine · Jun 9, 2004

Carroll v. … Seider v. Board of Exam'rs of Psychologists, 1998 ME 78, 15, 710 A.2d 890, 892.

Fowski v. City of Biddeford

Superior Court of Maine · Mar 24, 2010

FOWSKI, Plaintiffs v. ORDER CITY OF BIDDEFORD, BOARD OF ASSESSlIIENT REVIEW, Defendant Walter J. … While reasonable minds might be able to draw inconsistent conclusions from the record, this alone does not invalidate the Board's findings. Town of Vienna v. Kokernak, 612 A.2d 870, 872 (Me. 1992).