Case law

Desario v. Town of York

Superior Court of Maine · Oct 4, 2000

Sargent, Inc. v. Town of Wells, 676 A.2d 920, 924-5 (Me. 1996). … The decision of the Board of Appeals to deny the appeal is upheld.

Steele v. Maine State Retirement

Superior Court of Maine · Jan 31, 2008

Seider v. Board of Exam'r of Psychologists, 2000 ME 206 <JI9, 762 A.2d 551, 555 (Me. 2000) (citing eweo, Inc. v. Superintendent of Ins., 1997 ME 226, <JI6, 703 A.2d 1258, 1261 (Me. 1997)). … Maine Bankers Ass'n v.

Windham Properties v. Town of Windham

Superior Court of Maine · Aug 14, 2007

See Bangs v. Town of Wells, 2003 ME 129 err 12, 834 A.2d 955, 959; Burr v. … See Stewart v. Town of Sedgwick, 2000 ME 157 <j[ 7, 757 A.2d 773, 776 (review by planning board followed by de novo review by zoning board of appeals).

Neily v. Maine Labor Relations Bd.

Superior Court of Maine · Oct 23, 2006

NEILY, Petitioner v. DECISION ON APPEAL MAINE LABOR RELATIONS BOARD, DONALD L . … Received and filed by Lisa Copenhaver on behalf of Maine Labor Relations Board A Brief and Appendix of Respondent.

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

Superior Court of Maine · Mar 17, 2011

See, e.g., Musk v. … "[The Law Court has] struck down Board rules when they directly conflict with express statutory language." Baker v. s.D. Warren Co., 2010 ME 87, '15, 3 A.3d 380,384.

Thompson v. Town of Standish

Superior Court of Maine · Oct 30, 2006

Persson v. … See Vachon v. Town of Kennebunk, 499 A.2d 140, 141 (Me. 1985); see also Woodward v. Town of Newfield, 634 A.2d 1315, 1317 (Me. 1993).

Inland Golf Properties, Inc. v. Inhabitants Town of Wells

Superior Court of Maine · May 11, 2000

AP-98-040 GAB-Yere- S|» Jaced INLAND GOLF PROPERTIES, INC., Plaintiff v. … Cumberland Farms v. Town of Scarborough, 1997 ME 11, 73, 688 A.2d 914, 915. The Exemption is not a variance that runs with the land.

Letourneau v. York County Referrall, LLC

Superior Court of Maine · Jan 19, 2016

See Brown v. Delta Tau Delta, 2015 ME 75, 9(2, 118 A.3d 789; Budge v. Town of Millinocket, 2012 ME 122, 9[ 12, 55 A.3d 484. … See Lewis v. Mains, 150 Me. 75, 76, 104 A.2d 432, 433 (1954) ("Negligence rests upon duty.") Whether one party owes a duty of care to another is essentially a question of law. See Brown v.

St. Hillaire v. City of Auburn

Superior Court of Maine · Aug 31, 2001

See Haynes v. Jackson, 2000 ME 11, {| 12, 744 A.2d 1050, 1053(holding that wife could not represent husband’s interest in lawsuit); see also Boyer v. … Hillaire attempted to retry facts that were tried or could have been tried before the Board. Therefore, the denial of the motion for a trial of the facts was proper. See Baker's Table, Inc. v.

State of Maine v. Matthew Rousseau

Superior Court of Maine · Jul 11, 2016

Under Terry v. … State v. Brown, 1997 ME 90, PS, 094 A.2d 453, 455.

State of Maine v. Dickson

Superior Court of Maine · Mar 27, 2013

The court is not persuaded by Defendant's argument that the facts of this matter distinguish this stop from those upheld in State v. McDonald, 201 0 ME 102, State v. Tozier, 2006 ME 105, State v. … Huether, 2000 ME 59, State v. Eklund, 2000 ME 175 and Hurtado v. State, 881 S.W.2d 738 (Tx. 1994).

Dow v. Town of Gloucester

Superior Court of Maine · Jun 13, 2001

(“Board”) approval. … In Crispin v.

Grimes v. Town of Wells

Superior Court of Maine · Jun 16, 2000

GARBRECHT LAW LISRARY v. ORDER JUN 19 SB TOWN OF WELLS, et al., WONG ete Oe Defendants - Following hearing, and review of the administrative record and the memoranda of counsel, Mr. … The difficulty with the approach taken by the Planning Board is that it is not expressly permitted under the town’s ordinances. Perhaps the closest Maine case on point is Town of Kittery v.

Logan v. City of Biddeford

Superior Court of Maine · Oct 3, 2000

See Bailey v. City of South Portland, 1998 Me. 50, 98, 707 A.2d 391, 3 the description as a certain lot or parcel of land, rather than lots or parcels, does. … Since the deed itself has merged the formerly separate lots, the Planning Board and Board of Zoning Appeals were correct in their decisions.

State of Maine v. Edwards

Superior Court of Maine · Jan 8, 2001

CR-97-163 STATE OF MAINE san = g 2 TA Beye Hf 90 Clerk of Courts v. … See Aldus v. State, 2000 ME 47, ¥ 12, 748 A.2d 463, 467.

Gallagher v. Penobscot Community Healthcare

Superior Court of Maine · Mar 21, 2017

Brown Co., 645 A.2d 606, 607 (Me. 1994); Bard v. Bath Iron Works Corp., 590 A.2d 152, 155-56 (Me. 1991 ). A. … Brown v. Delta Tau Delta, 2015 ME 75, ~ 9, 118 A.3d 789.

Weigel v. Town of Wells

Superior Court of Maine · May 10, 2007

Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (Me. 1996). Review of board findings is "for an abuse of discretion, error of law, or findings unsupported by substantial evidence in the record." O'Toole v. … This Court is "limited to determining whether the record contains evidence to justify the Board's determination." Lewis v. Maine Coast Artists, 2001 ME 75, «j[ 14, 770 A.2d 644, 650.

Bailey v. Inh. of the Town of Yarmouth, Maine

Superior Court of Maine · Feb 16, 2010

See Lane, ~ 29,942 A.2d at 1210-11. 3 Bailey relies on Moore v. State ofMaine Board ofDental Examiners, KEN-AP-07-65 (Decision and Order, April 15,2008). … The patient, NF, sought a second opinion from an oral surgeon who was also a member of the Board, who encourage the patient to file a complaint with the Board, and who testified as an expert witness before the Board.

Parsons v. Inhabs. of the Town of Carmel

Superior Court of Maine · Jun 17, 2002

Lyons v. Board of Directors of S.A.D. 43, 503 A.2d 233, 235 (Me. 1986). … See Woodward v. Town of Newfield, 634 A.2d 1315, 1317 (Me. 1993); Keating v. Zoning Board of Appeals of the ‘City of Saco, 325 A.2d 521, 524 (Me. 1974). Cf. Colby v.

Conservation Law Found., Inc. v. Town of Lincolnville

Superior Court of Maine · Jun 27, 2001

Inc. v. … ."); Baker v.