Case law

Buckingham v. Town of Scarborough

Superior Court of Maine · Aug 13, 2000

See Leadbetter v. Ferris, 485 A.2d 225, 227 (Me. 1984). … There is substantial evidence in the record to support the Planning Board’s determination that the plan with no condition regarding the cul de sac pavement satisfied that statute and ordinance. See Veilleux v.

Giroux v. Indian Point Owners Ass'n

Superior Court of Maine · Oct 26, 2011

(CompI. at 4, <j[ v.) Based on the undisputed facts, the executive board revoked the plaintiff's special use permit for cause. (Def.'s S.M.F. <j[<j[ 17-20.) … In Stewart v.

Foss v. Town of Bar Harbor

Superior Court of Maine · Feb 12, 2010

Camp v. Town of Shapleigh, 2008 ME 53, ~ 9, 943 A.2d 595, 598 (quoting McGhie v. Town of Cutler, 2002 ME 62, ~ 5, 793 A.2d 504, 505). … Toomey v. Town of Frye Island, 2008 ME 44, ~ 12, 943 A.2d 563, 566 (quoting Sproul v. Town of Boothbay Harbor, 2000 ME 30, ~ 8, 746 A.2d 368, 372). "That inconsistent conclusions can be'.

McClintock v. Maine Pub. Employees Retirement Sys.

Superior Court of Maine · Aug 27, 2009

See Home Builders Ass'n of Me., Inc. v. … See L'Heureux v.

Chapman v. Marcel's Barber Shop

Superior Court of Maine · Nov 10, 2022

CV-19-167 STEPHANIE CHAPMAN, Plaintiff V. … Tiemann v. Santarelli Enterprises, Inc., 486 A.2d 126, 131-32 (Me. 1984). This does not mean that factual findings from any report concerning a specific incident are inadmissible. In Daniels v.

Town of Jay v. Androscoggin Energy, LLC

Superior Court of Maine · Jul 31, 2002

Partnership v. Board of Envtl. Protection, 644 A.2d 1055, 1059 (Me. 1994) (citing International Paper Co., v. Board of Envtl. Protection, 629 A.2d 597, 600 (Me. 1993)). … Similarly, in Gulf Island v. Board of Envtl.

Campbell v. Maine State Retirement Sys.

Superior Court of Maine · Apr 8, 2008

Imagineering v. … Seider v. Board of Examiners of Physcologists, 2000 ME 206, err 9, 762 A.2d 551, 555 (citation omitted).

Truman v. Nadeau

Superior Court of Maine · Mar 13, 2019

TRUMAN, Plaintiff, v. ORDER KENNETH NADEAU, Defendant. … See Brown v. Thaler, 2005 ME 75, ,r 9, 880 A.2d 1113; Uotinen v. Hall, 636 A.2d 991, 992 (Me. 1994). Going forward, compliance is required.

Violette v. Town of Winslow

Superior Court of Maine · Jun 11, 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. … To prevail, the 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.

Crosspoint Ventures, Inc. v. Town of Kittery

Superior Court of Maine · Feb 23, 2004

With regard to factual determinations made by the board, a plaintiff seeking to overturn the decision of a board of appeals has the burden of showing that the evidence compels a contrary conclusion. Boivin v. … Fichter v. Board of Environmental Protection, 604 A.2d 433, 437 (Me. 1992).

Acadia Ins. Co. v. Keiser indus., Inc.

Superior Court of Maine · Jul 20, 2001

CV-00-016 : aA : : _ AN _ boas U SY oS2 7 7G] ACADIA INSURANCE COMPANY, Plaintiff V. … Apgar v. Commercial Union Ins. Co., 683 A.2d 497, 498 (Me. 1996).

Harris v. Town of York

Superior Court of Maine · Apr 22, 2015

3 Mills v. … See Wickenden v. Luboshutz, 401 A.2d 995, 996 (Me. 1979) (deferring to Board of Appeals' determination that a studio structure was a preexisting nonconforming "dwelling").

Emmons v. Hometown Builders

Superior Court of Maine · Sep 21, 2010

Brown v. Crown Equip. Corp., 2008 ME 186, 9I 14, 960 A.2d 1188, 1193. Each defendant claims that it did not owe Mr. Emmons any duty. Mr. Sanborn also argues that Mr. … See Mudgett v.

McAtee v. Town of Gray

Superior Court of Maine · Mar 23, 2005

York v. … The burden of persuasion in an action challenging a decision of the Board rests on the party seeking to overturn the Board's decision. See Sawyer Envtl. Recovery Facilities, Inc. v.

City of Lewiston v. Verrinder

Superior Court of Maine · Mar 23, 2021

The Zoning Board's jurisdiction to hear constitutional challenges is irrelevant not only because those challenges are not ripe for review, but also because Defendant could have sought review of the Board's decision in front … As such, the Zoning Board's jurisdiction does not render res judicata inapplicable here.

Greene v. Maine State Ret. Sys.

Superior Court of Maine · Aug 16, 2002

1The court notes LOVELY-BELYEA v. MSRS, 2002 ME 138, published this date. … Hann v. Merrill, 305 A.2d 545 (1973) citing Kellar v. Savage, 20 Me. 199 (1841).

Maritime Energy v. Fund Ins. Review Bd.

Superior Court of Maine · Jul 21, 2000

Petitioner appealed this decision to the Fund Insurance Review Board (“Board”), which held a hearing on October 12, 1999. … Wood v. Superintendent of Ins., 638 A.2d 67, 70 (Me. 1994) (quoting Abbott v. Commissioner of Inland Fisheries & Wildlife, 623 A.2d 1273, 1275 (Me. 1993)).

Spring v. Bd. of Trustees of Maine Pub. Employees Retirement Sys.

Superior Court of Maine · Jun 9, 2011

Tarason v. Town ofS. … Co. v.

Knapp v. Maine Workers' Comp. Bd.

Superior Court of Maine · Jun 25, 2004

of the State of Maine, Workers’ Compensation Board (the “Board”), pursuant to M. … Dodd v. Sec’y of State, 526 A.2d 583, 584 (Me. 1987).

MC Assocs. v. Inhabs. of the town of Cape Elizabeth

Superior Court of Maine · Aug 28, 2000

See Seven Islands Land Co. v. Maine Land Use Regulation Comm/’n, 450 A.2d 475, 483 (Me. 1982); see also F.S. Plummer Co., Inc. v. … See Stipulation of Facts, { 33; Cottle Enterprises, Inc. v.