Case law

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  • Arnold v. Town of Ogunquit

    Superior Court of Maine · Jun 27, 2000

    v. … Can the Board grant these waivers or are they really variances which only a Board of Appeals or Zoning Board of Appeal can grant? See Perkins v. Town of Ogunquit, 1998 Me. 42, 709 A.2d 106.

    Cited 0 timesUnpublished
  • State of Maine v. Akers

    Superior Court of Maine · Apr 1, 2019

    Brown v. fllinois, 422 U.S. 509, 599-600 (1975); Utah v. Strieff, 136 S. Ct. 2056, 2061 (2016); State v. Bailey, 2012 ME 55, 1 16, 41 A.3d 535. … Brown, 422 U.S. at 602 (quoting Wong Sun v. United States, 371 U.S. 471, 486 (1963)).

    Cited 0 timesUnpublished
  • Davidson v. Maine State Retirement Sys.

    Superior Court of Maine · Jun 5, 2000

    Hale-Rice v. State Retirement Sys., 1997 ME 64, J 17, 691 A.2d 1232, 1237 (quoting Douglas v. Board of Trustees, 669 A.2d 177, 179 (Me. 1996)). B. … Balian v. Board of Licensure in Medicine, 1999 ME 8, ¥ 10, 722 A.2d 364, 367 (quoting Mathews v. Eldridge, 424 U.S. at 335 (1976)). These factors weigh in favor of the System.

    Cited 0 timesUnpublished
  • Clark v. State of Maine, Workers' Comp. Bd.

    Superior Court of Maine · Sep 11, 2003

    On appeal is the action or inaction of the Maine Workers’ Compensation Board (“Board”) with regard to extension of payments for partial disability claims. … Lingley v. Maine Workers’ Comp. Bd., 2003 ME 32, 819 A.2d 327.

    Cited 0 timesUnpublished
  • Molinelli v. Town of Boothbay

    Superior Court of Maine · Feb 4, 2019

    A planning board's interpretation of an ordinance is a question of law that the court reviews de novo. Aydelott v. City of Portland, 2010 ME 25, <JI 10, 990 A.2d 1024 (citing Logan v. … Lewis v. Me. Coast Artists, 2001 ME 75, <JI 15, 770 A.2d 644.

    Cited 0 timesUnpublished
  • Francis Small Heritage Trust, Inc. v. The Town of Limington

    Superior Court of Maine · May 30, 2013

    Another case, which was cited by the Board at page 4 of its decision, is Johnson v. … The Board denied the Trust's appeal and an appeal to the Superior Court was timely filed. 10 V.

    Cited 0 timesUnpublished
  • Howells v. Town of Kittery

    Superior Court of Maine · Jun 5, 2002

    See Chapel Road Associates, L.L.C. v. Town of Wells, 2001 Me. 178 (December 27, 2001) and Christian Fellowship and Renewal Center v. Town of Limington, 2001 Me. 16, 769 A.2d 2001 among other cases. … See Ten Voters of the City of Biddeford v. The City of Biddeford, 2003 ME 59, 8, (April 25, 2003).

    Cited 0 timesUnpublished
  • Sanborn v. Inhabitants of the Town of Sebago

    Superior Court of Maine · Jun 12, 2006

    See Carroll v Town of Rockport, 2003 ME 135, P[ 27,837 A.2d 148,156. … Isis Development LLC v.

    Cited 0 timesUnpublished
  • Fickett v. Martin

    Superior Court of Maine · Aug 10, 2010

    ~' CHRISTOPHER \V. FICKErI', Petitioner, v. … \'o Seider v. 1 The Court made inquiry to counsel for the Commisioner about the statutory authority establishing the IFWS "Review Board," None could be found in any statute or rule.

    Cited 0 timesUnpublished
  • Thaxter v. Zoning Bd. of Appeals

    Superior Court of Maine · Jun 26, 2008

    Standard of Review This court will uphold a zoning board's decision unless that decision is an abuse of discretion, contrary to law or lacks the support of substantial evidence on the record. Uliano v. … Brackett v. Town of Rangeley, 2003 ME 109 <]I 15, 831 A.2d 422,427; however, the court may not substitute its own judgment for that of the Board on factual determinations. Forbes v.

    Cited 0 timesUnpublished
  • The Village At Ocean's End Condominium v. Southwest Harbor Properties, LLC

    Superior Court of Maine · Jun 12, 2023

    The Association’s Board of Directors. … Ass’n v.

    Cited 0 timesUnpublished
  • York County v. Maine Labor Relations Bd.

    Superior Court of Maine · Jan 31, 2003

    Board. … Also see Langley v. Maine State Employees Association, SEIU, 2002 ME 32, 78, 791 A.2d 100, 102.

    Cited 0 timesUnpublished
  • Calcagni v. Town of Winthrop

    Superior Court of Maine · May 17, 2005

    The lack of a standard also puts the Board's decision-malung authority well into the zone wherein unconstiltional legislative authority lies. David A. Leonard, et al. v. … Waterville Homes, Inc. and Trafton Property, Inc. v. Maine Department of Transportation, 589 A.2d 455 (Me. 1991) (quoting Martin v. Me. Central R.R. Co., 83 Me. 100, 21 A. 740 (1890).

    Cited 0 timesUnpublished
  • B & K Realty, LLC v. Town of Ogunquit

    Superior Court of Maine · Jan 13, 2005

    In Malonson v. Town of Berwick, 2004 ME 96, {5 the Law Court stated, “When an Ordinance specifically defines a term, we will not redefine it.” … Jordan v. City of Ellsworth, 2003 ME 82, (10, 828 A.2d 768, 771.

    Cited 0 timesUnpublished
  • Brackett v. Inhabs. of the Town of Bristol

    Superior Court of Maine · Oct 24, 2003

    See Lowe v. Scott, 959 F.2d 323, 334 (1% Cir. 1992)(citing Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, (1972). … Hamill v. Bay Bridge Assoc., 1998 ME 181, { 5, 714 A.2d 829, 831 (quoting Senty v.

    Cited 0 timesUnpublished
  • Kramer v. Town of Kittery

    Superior Court of Maine · May 7, 2008

    After the variance was issued, Nextel and Light Tower filed for site plan approval with the Town of Kittery Planning Board (Planning Board). … Standard of Review The Court reviews a local board's decision for error of law, abuse of discretion, or findings not supported by substantial evidence in the record. York v.

    Cited 0 timesUnpublished
  • Daly v. Bd. of Licensure in Med.

    Superior Court of Maine · Jul 20, 2002

    DALY, M.D., Plaintiff v. ORDER AND DECISION EDICINE, “an BOARD OF LICENSURE IN MEDICIN DONALD L. GARBRECHT LAW LIBRARY Defendant JUL 24 2109 Dr. Jay M. … In Balian v.

    Cited 0 timesUnpublished
  • Strong v. Brakeley

    Superior Court of Maine · May 5, 2015

    Dussault v. RRE Coach Lantern Holdings, LLC, 2014 ME 8, <J[ 12, 86 A.3d 52 (quoting F.R. Carroll, Inc. v. TD Bank, N.A., 2010 ME 115, <J[ 8, 8 A.3d 646). … Mcilroy v. Gibson's Apple Orchard, 2012 ME 59, <J[ 7, 43 A.3d 948 (quoting N. E. Ins. Co. v. Young, 2011 ME 89, <J[ 17, 26 A.3d 794).

    Cited 0 timesUnpublished
  • National Organization for Marriage v. Maine Comm'n on Governmental Ethical and Election Practices

    Superior Court of Maine · Apr 10, 2015

    United States v. … Brown's involvement in both organizations is relevant because he was on both sides of the subject transactions. Brown could designate donated funds for the pmvose of the Maine C!

    Cited 0 timesUnpublished
  • Lovely-Belyea v. Maine State Retirement Sys.

    Superior Court of Maine · Dec 19, 2001

    Based on these declarations, the court concludes that the Board did find that the information sheet was distributed to all employees by October 16, 1992. U.S. v. … Givertz v. Maine Medical Center, 459 A.2d 548, 554 (Me. 1983) (in the context of a notice of claim); Seider v.

    Cited 0 timesUnpublished

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