Case law

Cedar Grove Homeowners Ass'n v. Pawlendzio

Superior Court of Maine · Dec 21, 2009

Colby v York County Comm'rs, 442 A.2d 544, 557 (Me. 1982); Fisher v. Dame, 433 A.2d 366, 372 (Me. 1981). … In Brackett v.

Alden v. Town of Harpswell

Superior Court of Maine · Nov 22, 2005

Sproul v. Town of Boothbay Harbor, 2000 ME 30,B 8, 746 A.2d 368,372. A court is not permitted to substitute its own judgment for that of the Board. … Even though it coald have acted more diligently, the Board did act appropriately to fix its earlier error. V.

Widewaters Stillwater Co., LLC. v. City of Bangor

Superior Court of Maine · May 31, 2001

Pride's Corner Concerned Citizens Ass'n v. Westbrook Board of Zoning Appeals, 398 A.2d 415, 416 n.1 (Me. 1979). … Irish v. Gimbel, 1997 ME 50, 7 6, 691 A.2d 664, 669.

P and R Management v. River Road Industrial Condominium Association

Superior Court of Maine · Aug 1, 2023

Bank of America, N.A. v. Greenleaf, 2015 ME 127, 97, 124 A.3d 1122. Unlike its federal counterpart, the Maine Constitution contains no “case or controversy” requirement. Roop v. … Madore v. Maine Land Use Regulation Comm'n, 1998 ME 178, J 13, 715 A.2d 157 (quoting Lujan v, Defenders of Wildlife, 504 U.S. 555, 560 (1992)).

Knoll v. Maine Public Employees Retirement System

Superior Court of Maine · Oct 14, 2016

See Douglas v. Board of Trustees, 669 A.2d 177, 179 (Me. 1996). … " Friends ofMaine's Mountains v.

Waskiewicz v. Town of Kennebunkport

Superior Court of Maine · May 7, 2004

WASKIEWICZ, Plaintiff ORDER GOiscn PoP v. … In Fitanides v.

Maine Association of Health Plans v. Dirigo Health Agency

Superior Court of Maine · Apr 14, 2006

It cites Bradbury Memorial v. … As the court has noted, in accordance with Eastern Maine Medical Center v.

Tedesco v. Town of Kittery

Superior Court of Maine · Dec 18, 2001

See Brooks v. Cumberland Farms, Inc. , 1997 ME 203 48, 703 A.2d 844, 7 (Me. 1997), Forester v. City of ‘Westbrook, 604 A2d 31, 32 (Me. 1992). … Some cases refer to the requirement of participation as a requirement that the person “appear” before the board. See Harrington v. City of Biddeford, 583 A.2d 695,6 (Me. 1990).

Smith v. Inh. of the town of Monmouth

Superior Court of Maine · Dec 15, 2008

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. … Tarason v.

Lampron v. Town of Standish

Superior Court of Maine · Feb 8, 2008

The Board's decision to reconsider its earlier action is reviewed under an abuse of discretion standard. Forbes v. Town of Southwest Harbor, 2001 ME 9 <JI 7, 763 A.2d 1183, 1186. … It is permissible for board members to draw on their general knowledge and experience. See Adelman v. Town of Baldwin, 2000 ME 91 <j[ 11, 750 A.2d 577, 582; Pine Tree Telephone & Telegraph Co. v.

Ahlgren v. Town of Ogunquit

Superior Court of Maine · Sep 19, 2013

After the hearing the Board denied Petitioners' abatement appeaL Petitioners' filed this appeal of the Board's denial on August 10, 2012. IT. … IV Conclusion The Court AFFIRMS the decision of the Board of Assessment Review.

Summerwind Cottage v. Town of Scarborough

Superior Court of Maine · Feb 4, 2010

In certain circumstances a board's decisions may be supported by implicit findings. See e.g. Driscoll v. … "When a board of appeals fails to make sufficient and clear findings of fact and such findings arc necessary for judicial review, [the court] will remand the matter to the board to make the findings." Snll170rII v.

Garnache v. City of Biddeford

Superior Court of Maine · Sep 5, 2003

The board’s findings will not be disturbed if supported by substantial evidence contained in the record. Palesky v. Town of Topsham, 614 A.2d 1307, 1309 - (Me. 1992). … Based on this, Plaintiff Garnache asserts that the ZBA had no authority to reverse the Planning Board’s decision. Rockland Plaza Realty Corporation v.

Bodack v. Town of Ogunquit

Superior Court of Maine · Aug 11, 2005

In Tkacker v. Konover Developlnent Corporation, 2003 ME 30, 818 A.2d 1013 owners of an existing Arby's restaurant challenged the decision of the Topsham Planning Board to approve a nearby large commercial subdivision. … In the earlier case of Grant's Farm Associates v. Town of Kittery, 554 A.2d 799 (Me. 1989) a developer appealed from the denial of approval on five grounds, one of which was traffic conditions.

Morse v. City of Biddeford

Superior Court of Maine · May 10, 2002

See Christian Fellowship & Renewal Center v. Town of Limington, 2001 ME 16, 910/15, 769 A.2d 834, 837-9 and Chapel Road Associates, L.L.C. v. Town of Wells, 2001 ME 178 (December 27, 2001). … Additionally, the Boards may wish to consider what rights the Watsons have on Hutchins Drive, how many families abut Hutchins Drive, whether the Planning Board or the Board of Zoning Appeals is the proper Board to grant any

J. & J. West Trust v. City of Portland

Superior Court of Maine · Mar 8, 2001

As such, the court is not permitted to make findings independent of those explicitly or implicitly found by the Board, or substitute its judgment for that of the Board. Perrin v. … Ryan v. Town of Camden, at 975. The Board’s decision is not wrong because the record is inconsistent or a different conclusion could be drawn from it. Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (Me. 1995).

American Martial Arts Found. v. City of Portland

Superior Court of Maine · May 31, 2002

Decision of the Board When reviewing an agency's decision, the court must uphold the agency's findings of fact if supported by substantial evidence on the record as a whole. MacDougall v. … In its review process, the Board begins with the presumption that the Assessor's determination is valid and "[t]he taxpayer has the burden of overcoming that presumption." Town of Southwest Harbor v.

Overlock v. Inhabs. of the Town of Thomaston

Superior Court of Maine · Feb 12, 2003

Laverty v. … Rice v.

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.

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.