Case law

Applegate Association No. 1 v. Collins

Superior Court of Maine · Apr 28, 2023

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

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.

Northeast Empire Ltd. P'ship v. Town of Ashland

Superior Court of Maine · Apr 5, 2002

Yusem v. Town of Raymond, 2001 ME 61, { 8, 769 A.2d 865, 869. … Town of Southwest Harbor v. Harwood, 2000 ME 213, { 9, 763 A.2d 115, 118 (quoting City of Waterville v. Waterville Homes, Inc., 655 A.2d 365, 367 (Me. 1995)).

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).

Cassat v. Town of Scarborough

Superior Court of Maine · Jun 29, 2012

The court does "not make any findings other than those found explicitly or implicitly by the Board" and does "not substitute [its] judgment for that of the Board." Camp v. … Further, "[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 Dev.

LaRose v. City of Biddeford

Superior Court of Maine · Aug 29, 2003

AP-02-053 SIMONE LAROSE, ) ) Plaintiff ) Tort tae “yo > -~=-BECISIGON AND ORDER v. ) ) THE CITY OF BIDDEFORD, and ) PETER E. PETIT and KIMN. … Because the Board’s findings and conclusion fail to meet these standards, this matter must be remanded to the Board. See Chapel Road Associates, L.L.C. v.

Cairns v. Town of Gorham

Superior Court of Maine · Oct 28, 2002

DISCUSSION A decision of the Board of Appeals is reviewed for an error of law, abuse of discretion, or findings of fact not supported by substantial evidence in the record. Yates v. … ~ review only the record established before the Board in order to determine whether the standards have been met. Sahl v. Town of York, 2000 ME 180, J 11, 760 A.2d 266, 269.

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.

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.

Chasteen v. Town of China

Superior Court of Maine · Apr 30, 2003

Yates v. Town of Southwest Harbor, ’ The original appeal asked for the court’s review of the decision of the China Board of Appeals in this matter. … Valente v. City of Westbrook, 543 A.2d at 1375; Cunningham v.

Bernier v. Town of Litchfield

Superior Court of Maine · Mar 10, 2004

Ryan v. Town of Camden, 582 A.2d 973, 975 (Me. 1990). “The board’s decision is not wrong because the record is inconsistent or a different conclusion could be drawn from it.” Twigg v. … Barnard v. Zoning Board of Appeals of the Town of Yarmouth, 313 A.2d 741, 749 (Me. 1974). However, this does not help in determining the Board’s intent.

Grant v. Portland Public Schools

Superior Court of Maine · Jan 29, 2018

If [the school board] act in good faith after proper investigation, their decision is final." Shaw v. Small, 124 Me. 36, 41, 125 A. 496, 499 (1924). Those statements, however, were dicta. The ruling in Shaw v. … Sproul v. Town of Boothbay Harbor, 2000 ME 30 ~ 8, 746 A.2d 368, 372. 1 Although PHS cites language in Warren v.

Cleveland v. City of Portland

Superior Court of Maine · Aug 22, 2018

Town of Levant v. Seymour, 2004 ME 115, , 13, 855 A.2d 1169, citing Levesque v. Town ofEliot, 448 A.2d 876, 878 (Me. 1982). … In Town if Freeport v.

Chase v. Town of York

Superior Court of Maine · Oct 16, 2002

AP-01-062 PAF-YoRrR- 5 /ofavoe MARY V. CHASE, Plaintiff/ Appellant ORDER —- DONALD L. SANSRECH: v. … MARY V. CHASE, Plaintiff/ Appellant -. ORDER FOLLOWING Vv. REMAND . DONALD L.

Washburn & Doughty v. Pottle

Superior Court of Maine · Nov 6, 2007

McPherson Timberlands, Inc. v. Unemployment Ins. Comm'n, 1998 ME 177,<][ 6,714 A.2d 818, 820. … Town of Ogunquit v. 2 At the time of appeal 39-A M.R.S.A. § 360(3) read in pertinent part: 3. Appeal.

Shafmaster v. Town of Kittery

Superior Court of Maine · Sep 17, 2008

Wilson, a board member, stated that he believed, based on the prior litigation concerning the land and building, 2 Shafmaster, et al. v. … Shafmaster agues that "when a board acts without standard, or without adhering to the standards that are present, the board engages in ad hoc and potentially arbitrary zoning. See Barnard v.

Drinkwater v. Town of Milford

Superior Court of Maine · Apr 18, 2003

Griffin v. Town of Dedham, 2002 ME 105, 6, 799 A.2d 1239. Courts review the operative municipality decision. Stewart v. Town of Sedgwick, 2000 ME 157, 4, 757 A.2d 773. … See Lloyd Wells, 2001 ME at 4 (citing Sproul v.

Maine Stream Seafood v. Portland Fish Exchange

Superior Court of Maine · May 22, 2006

On March 9,2004 the Board of Directors of the Exchange held a special meeting pursuant to Article V, Section 4 of the bylaws of the Portland Fish Exchange. … Palesky v. Town of Topsham, 614 A.2d 1307,1309 (Me. 1992). A court cannot substitute its own judgment for that of the board. Boivin v. Town ofsanford, 588 A.2d 1197, 1199 (Me. 1991).