Case law

Concerned Citizens of Lyman v. Town of Lyman

Superior Court of Maine · Jun 18, 2004

In Lakes Environmental Association v. Town of Naples, 486 A.2d 91, 3 (Me. 1984) the association’s executive director appeared at the local board meeting. … Had the merits of the appeal been reached I would have stated in greater detail that the Board was correct in conducting a de novo hearing rather than acting in a purely appellate capacity. Stewart v.

Murphy v. Goldman

Superior Court of Maine · May 10, 2013

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

America v. Yamartino

Superior Court of Maine · Mar 16, 2012

Corp. v. … Shostak v. Shostak, 2004 ME 75, ~ 22, 851 A.2d 515 (citing Rosenthal v: Rosenthal, 543 A.2d 34, 353 (Me. 1988)).

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.

New Heritage Builders, Inc. v. Town of Old Orchard Beach

Superior Court of Maine · Jan 14, 2004

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). … Severance v. Choate, 553 A.2d 1288, 1291 (Me. 1987). Here, the Planning Board imposed the Construction Contributions as conditions of the approval of the Development.

Lebovitz v. Town of Scarborough

Superior Court of Maine · Jun 6, 2003

The Board’s analysis begins with the presumption that the assessor's valuation of the property is valid. Chase v. Town of Machiasport, 1998 ME 260, ] 13, 721 A.2d 636. See also Muirgen Properties, Inc. v. … Yusem 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.

Thomas v. City of South Portland

Superior Court of Maine · Oct 4, 2000

The plaintiff has standing to appeal the Board’s decisions. See Department of Envtl. Protection v. Town of Otis, 1998 ME 214, 8, 716 A.2d 1023, 1025; Lucarelli v. … See Southridge Corp. v. Board of Envtl. Protection, 655 A.2d 345, 348 (Me. 1995).

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?

Orr v. Town of Standish

Superior Court of Maine · Dec 1, 2011

McAfee v. Cole, 637 A.2d 463, 465 (Me. 1994). … Cimeniam v. Lumb, 2008 ME 107, CJI 11, 951 A.2d 817.

Overlook Rd. Ass'n v. Oogle

Superior Court of Maine · Apr 5, 2011

During this time period, the defendant reported the President of the Board of the plaintiff to the State of Maine Board of Licensure for Professional Engineers for alleged ethical violations. … v. City of Portland, 670 A.2d 1377, 1380 (Me. 1996) (access to the courts is limited "to those best suited to assert a particular claim").

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.

Edgerton v. Maine Ctr. on Deafness

Superior Court of Maine · Feb 5, 2008

Parrish v. Wright, 2003 ME 90, <[ 8, 828 A.2d 778, 781. A material fact is a fact that has "the potential to affect the outcome of the suit." Burdzel v. … Bard v. Bath Iron Works Corp., 590 A.2d 152, 154 (Me. 1991).

Waugh v. Genesis Healthcare LLC

Superior Court of Maine · Dec 18, 2018

Dyer v. Dep't ofTI·ansp., 2008 ME 106, ,r 14, 951 A.2d 82 l. … Watt v. UniFirst Corp., 2009 ME 47, ~ 21, 969 A.2d 897.

McBreairty v. Town of Greenville

Superior Court of Maine · Jun 20, 2000

No appeal was filed from the board's action. It thus became final. See Crosby v. Town of Belgrade, 562 A.2d 1228, 1230 (Me. 1989). In 1991, the plaintiff appears to have applied for a modification of the 1989 plan. … City of Portland v. Grace Baptist Church, 552 A.2d 533 (Me. 1988) does not lead to a different conclusion.

Dionne Dionne v. Town of Kittery

Superior Court of Maine · Apr 18, 2001

To satisfy due process, “the Board needs to apply the proper law in an evenhanded way, not arbitrarily or capriciously.” White y. Town of Hollis, 589 A.2d 46, 48 (Me. 1991); see also Tisei v. … Polk v Town of Lubec, 2000 ME 152, { 14, 756 A.2d 510, 513; see also Tri-State Rubbish v.

Maine Employers Mut. Ins. Co. v. State of Maine, Workers' Comp.Bd.

Superior Court of Maine · Mar 25, 2004

Seider v. Board of Exam’r of Psychologists, 2000 ME 206 9, 762 A.2d 551, 555 (Me. 2000) (citing CWCO, Inc. v. Superintendent of Ins., 1997 ME 226, [6, 703 A.2d 1258, 1261 (Me. 1997)). … Harrington v. Town of Kennebunk, 459 A.2d at 562 (Me. 1983), citing Gashgai v. Board of Registration in Medicine, 390 A.2d 1080 (Me. 1978).

Int'l Woolen Co., Inc. v. Town of Sanford

Superior Court of Maine · Sep 9, 2002

AP-02-004 INTERNATIONAL WOOLEN po COMPANY, INC., Petitioner v. ORDER DONALD L. GARBRECHT LAW LIBRARY TOWN OF SANFORD, SEP 12. … In the case of Town of Vienna v.

Springborn v. Town of Falmouth

Superior Court of Maine · Jul 5, 2001

Springborn v. Town of Falmouth, 2001 ME 57, { 5, 769 A.2d 852, 854. Phase I contained 28 units on the west side and Phase II contained 40 units on the east side. Id. … ); Goldman v.

McDonald v. Bd. of Osteopathic Licensure

Superior Court of Maine · Mar 11, 2004

AP-03-19 : MAR 1 1 20th AMM- PEN~ 3/11 004 pa JAMES McDONALD, Ph.D., PENOBSCOT COUNTY Appellant, ) V. ) DECISION AND JUDGMENT ) BOARD OF OSTEOPATHIC __) nee LICENSURE, ) BU Respondent. ) he FACTS APE 16 20n The facts in … See Regulations of Board of Licensure in Medicine, 02-383 C.M.R. Chapter 10, Sexual Misconduct.