Case law

Argereow v. Weisberg

Superior Court of Maine · Dec 21, 2017

In Pascoe v. … DiCentes v. Michaud, 1998 ME 227, ,r 18, 719 A.2d 509. In DiCentes v.

Square Pond Marina v. Town of Shapleigh

Superior Court of Maine · May 14, 2001

North Berwick v. … See Town of Falmouth v.

Fiacco v. Kraft

Superior Court of Maine · Aug 18, 2005

Laurence Willey, Esq., to defend the allegations before the board. … However, t o a v o i d a p r o s p e c t i v e c o n f i l i c t , I r e c u s e from t h i s c a s e , which s h a l l be a s s i g n e d t o a n o t h e r J u s t i c e .

Morrow v. Town of Limington

Superior Court of Maine · Mar 19, 2008

MORROW, TRUSTEE, Plaintiff v. … Town ofFayette v. Manter, 528 A.2d 887, n.1 (1987).

Wiltuck-Watson v. City of Hallowell

Superior Court of Maine · Apr 18, 2002

To prevail, plaintiff must show “not only that the Board’s findings are unsupported by record evidence, but also that the record compels contrary findings.” Total Quality v. … The court is not permitted to make findings independent of those explicitly found by the Board or to substitute its judgment for that of the Board. Perrin v. Town of Kittery, 591 A.2d 861, 863 (Me. 1991).

Porter Holdings, Inc. v. Town of York

Superior Court of Maine · Apr 22, 2015

Town ofMad.awaska v. Cayer, 2014 :ME 121, ~ 2, 103 A.3d 547. … The landowners lost their appeal at the Zoning Board of Appeals and appealed to the Superior Court pursuant to Rule 80B.

Reiser v. Maine Bd. of Pharm.

Superior Court of Maine · Jul 6, 2000

Koch Refining Co. v. State Tax Assessor, 1999 ME 35, 7 6, 724 A.2d 1251, 1253 (quoting Butler v. Killoran, 1998 ME 147, { 11, 714 A.2d 129, 133-34). … Rice v. Amerling, 433 A.2d 388, 391 (Me. 1981) (citing Harris Baking Co. v. Mazzeo, 294 A.2d 445, 453 (Me. 1972)).

Trevallion v. Town of York

Superior Court of Maine · Sep 8, 2006

The appeal was brought against the Town, whch is a proper party, and against the York Board of Appeals which is not. The Board of Appeals will be dismissed as a defendant. … Brackett v. Town of Rangeley, 2003 ME 109, §§18-25, 831 A.2d 422,428-430.

Hodsdon v. Town of Hermon

Superior Court of Maine · Mar 2, 2001

In McCarthy v. … See, e.g., Tarbuck v. Jaekel, 2000 ME 105, { 18, 752 A.2d 176, 181. Issues of law, on the other hand, are subjected to de novo appellate review. See, e.g. Bangs v. Town of Wells, 2000 ME 186, J 9, 760 A.2d 632, 635.

Dubois Livestock, Inc. v. Town of Arundel

Superior Court of Maine · Jul 9, 2018

"The jurisdiction of a board of appeals 'is a question of law that must be ascertained from an interpretation of municipal statutes and local ordinances." Hathaway v. … See Ryan v.

Friends of the Motherhouse v. City of Portland

Superior Court of Maine · Apr 19, 2016

No appeal from the Planning Board's approvals was filed. … Remmel v. City ofPortland, 2014 ME 114 ~ 12, 102 A.3d 1168, quoting Golder v. City ofSaco, 2012 ME 76 ~ 11, 45 A.3d 697.

Nate Holyoke Builders v. Maine Workers' Compensation Bd.

Superior Court of Maine · Jul 17, 2013

See also Gorham v. Androscoggin County, 2011 ME 63, ~~ 21-25, 21 A.3d 115; Gregory v. Town of Pittsfield, 479 A.2d 1304, 1308 (Me. 1984), cert. denied by Gregory v. Pittsfield, 470 U.S. 1018 (1985); Jackson v. … Plaintiff denies that the Board has that concept within its jurisdiction.

Fielder v. Town of Raymond

Superior Court of Maine · Oct 5, 2001

Lewis v. Town of Rockport, 1998 ME 144, J 11, 712 A.2d 1047, 1049; Oliver v. City of Rockland, 1998 ME 88, 7 8, 710 A.2d 905, 908. … Banks v. Maine RSA #1, 1998 ME 272, J 4, 721 A.2d 655, 657 (citation omitted).

Sager v. Town of Bowdoinham

Superior Court of Maine · May 2, 2003

Town of Steuben v. … Town of Eagle Lake v.

Disque-Norton v. Town of Kennebunk

Superior Court of Maine · May 30, 2002

McGhie et al. v. Town of Cutler , 2002 WL 537979 (Me.); 202 [sic] Me. 62, 1 5. Timeliness of the appeal Plaintiffs’ appeal to the ZBA was timely. … Before such use can be granted, the Planning Board is required to hold a public hearing, KZO, Art. 7(2)(A), and the Planning Board" is-———~—-— required to advertise in a newspaper, KZO, Art. 7(2)(A)(3), and to mail notice

Peach-Lambert v. Town of Kennebunk

Superior Court of Maine · Jan 10, 2011

(Zoning Board of Appeals Decision at 2.) … To bring a Rule 80B appeal, "a party must (1) have appeared before the board of appeals; and (2) be able to demonstrate a particularized injury as a result of the board's action." Wells v.

Marston v. Thibodeau

Superior Court of Maine · Dec 31, 2014

In Graffam v. Wray, the Law Court provided that "Disputes over church property ... may be resolved in the civil courts." 437 A.2d 627, 631 (Me. 1981). … Through 2006, the Church operated with a Board of Directors. Votes were held for officers and directors.

Storie v. Land Use Planning Commission

Superior Court of Maine · Sep 14, 2021

Nelson v. … The LUPC's argument is drawn from the Law Court's opinion in Great Hill Fill & Gravel v. Board ofEnvironmental Protection, 641 A.2d 184 (Me. 1994).

Mills v. Inhabs. Of Town of Eliot

Superior Court of Maine · May 3, 2007

The party appealing a board's decision bears the burden of persuasion. Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (Me. 1996). 2. … Keating v. Zoning Board of Appeals of Saco, 325 A.2d 521,524 (Me. 1974).

Blanchard v. Php Props., Inc.

Superior Court of Maine · Jan 14, 2005

BLAN CHARD, Plaintiffs V. CV-04-281 PHP PROPERTIES, IN C,, et al, Defendants JASCO COI CC IC IGS ICE i-ek-tok ORDER FOX RIDGE CON DOMINIUM ASSOCIATION and CONSTANCE B. HUTCHINSON, jax 24 Plaintiffs v. … Rogers v, Jackson, 2002 ME 140, | 5, 804 A.2d 379, 380 (citations omitted). We give the party opposing a summary judgment the benefit of any inferences that might reasonably be drawn from the facts presented. Curtis v.