Case law

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.

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.

Parker v. Town of Winthrop

Superior Court of Maine · May 4, 2010

Total Quality, Inc. v. Town of Scarborough, 588 A.2d 283, 284 (Me. 1991). The burden of persuasion rests with the plaintiffs, who seek to overturn the Board's decision. Mack v. Mun. … See Bodack v. Town of Ogunquit, 2006 ME 127, '1I 14, 909 A.2d 620, 625 ("written factual findings must be sufficient to show the applicant and the public a rational basis of [the board's] decision."); Comeau v.

Sablegolf, LLC v. Inhabs. of the City of South Portland

Superior Court of Maine · Jun 9, 2004

Tab 39 at 27017: see also Fitanides v. City of Saco, 2004 ME 32, 9 17 843 A.2d 8, 14. … Inc. v. City of Westbrook, 502 A.2d 476, 480 (Me. 1985): Robinson uv. Bd. of Appeals, Town of Kennebunk, 356 A.2d 196, 198 (Me. 1976): Moyer v. Bd. of Zoning Appeals, 233 A.2d 311, 317 (Me. 1967).

Shore Acres Improvement Ass'n v. Freeman

Superior Court of Maine · Dec 13, 2013

Brackett v. Town of Rangeley, 2003 ME 109, ~ 24, 831 A.2d 422. In Viles v. … See Gagne 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).

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.

Ram's Head Partners, LLC v. Town of Cape Elizabeth

Superior Court of Maine · Dec 3, 2002

DISCUSSION A decision of the Board of Assessment Review is reviewed for error of law, abuse of discretion, or findings of fact not supported by substantial evidence in the record. Weekley v. … Kittery Electric Light Co. v.

Bennett v. Beaver Ridge Wind

Superior Court of Maine · Oct 24, 2008

See Mills v. … Griffin v. Town of Dedham, 2002 ME 105, ~ 6, 799 A.2d 1239, 1241. "Substantial evidence exists when a reasonable mind would rely on the evidence as sufficient support for a conclusion." Forbes v.

Hume v. Limington

Superior Court of Maine · Jun 3, 2003

On February 12, 2002 I issued an order and decision in Libby v. Town of Limington, AP-01-042 where standing was the “central issue”. … The case of Laverty v.

Beote v. Town of Kennebunkport

Superior Court of Maine · Jun 9, 2000

BEOTE, et al AR BRECHT LACATE aha 2 ey JUN 13 opnf Petitioners um v. … Total Quality v. Town of Scarborough, 588. A.2d 283, 284 (Me. 1991). Did the Board err when it determined that transient and bus parking are grandfathered uses?

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.

Town of Gouldsboro v. Doggett

Superior Court of Maine · Nov 12, 2002

Gagne v. Town of Dresden, 2002 WL 273648, *4 (Me. Super. Ct. 2002) (citing Sullivan v. Hudson, 490 U.S. 877, 886 (1989). The Court has the power to make sure parties follow prior mandates. Id. … See generally Department of Human Services v. Monty, 2000 ME 96, {7, 750 A.2d 1276, 1278. MLR. Civ.

Rocque v. Inhabs. of the Town of China

Superior Court of Maine · Dec 3, 2003

ROCQUE, et al., Plaintiffs v. … 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.

Windward Development v. Cummings Road Business Park Association

Superior Court of Maine · Nov 14, 2005

Defendants argue, citing Town of Orrin~ton - v. Pease, 660 A.2d 919, 922 (Me. 1995) and Plannin~Board of Town of Naples v. … However, defendant has offered no Maine authority for the proposition that such deference is required and, in the court's view, Boehner v.

Leonard v. Town of Winthrop

Superior Court of Maine · Sep 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. … Total Quality v. Town of Scarborough, 588 A.2d 283, 284 (Me. 1991). Plaintiffs advance four principal arguments for vacating the decision of the Winthrop Board.

Murphy v. Goldman

Superior Court of Maine · May 10, 2013

De Novo Review In Stewart v. … Consistent with Stewart v.

Connolly v. State of Maine, Bd. Of Soc. Work Licensure

Superior Court of Maine · May 8, 2003

Rvan v. Town of Camden, 582 A.2d 973, 975 (Me. 1990). The record before this Court does not support such a showing. … Rinehart v. Schubel, 2002 ME 53, (13, 794 A.2d 73. Courts have held that “expressions of impatience, dissatisfaction, annoyance, and even anger" do not constitute bias or prejudice. Liteky v.

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.