Case law

Scarborough Barbeque v. Town of Scarborough

Superior Court of Maine · Feb 4, 2010

ToolJley v. TaWil of Frye Islnnd, 2008 ME 44, 9I 13, 943 A.2d 563, 566. II. Sufficiency of the Findings A zoning board of appeals is governed by the procedural requirements of 30-A M.R.S. § 2691. … The court may remand a matter to a board of appeals when the board fails to make sufficient and clear findings of fact necessary for effective judicial review. Sallborll v.

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

Superior Court of Maine · Jun 27, 2001

Inc. v. … ."); Baker v.

City of Lewiston Sch. Dep't v. Maine State Employees Ass'n

Superior Court of Maine · Oct 7, 2009

Lane v. Board of Directors of Maine School Administrative Dist., 447 A.2d 806, 810 (Me. 1982). … Board of Trustees v. Associated Colt Staff, 659 A.2d 842,843 (Me. 1995).3 In the Colt decision, the Law Court addressed the definition of status quo at the expiration of acollective bargaining agreement.

Willis v. Maine State Ret. Sys.

Superior Court of Maine · May 30, 2003

Seven Islands Land Company v. Maine Land Use Regulation Commission, 450 A.2d 475 (Me. 1982). … Hale- Rice v. Maine State Retirement System, 691 A.2d 1232 (Me. 1997). It is the burden of the petitioner to persuade the Board of his entitlement to have the payments in question considered “earnable compensation.”

Craig v. Kennebec Regional Dev. Auth.

Superior Court of Maine · Apr 2, 2001

The seminal case in the area is Brown v. … Brown was followed by other "public use” cases including Crommett v. City of Portland, 150 Me. 217, 107 A.2d 841 (1954).

Inhabs. of the Town of Smithfield v. Cloud

Superior Court of Maine · Jul 6, 2000

As the Planning Board had never acted upon Mr. … Leadbetter v. Ferris, 485 A. 2d 225, 228 (Me. 1984) During the meeting in July, one of the members of the BOA (Mr.

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.

Osprey Cove Rd. v. Kempin

Superior Court of Maine · Dec 12, 2013

Inkell v. Livingston, 2005 ME 42, Cj[ 4, 869 A.2d 745 (quoting Lever v. Acadia Hosp. Corp., 2004 ME 35, Cj[ 2, 845 A.2d 1178). … Perkins v. Philbrick, 443 A.2d 73, 74 (Me. 1982) (quoting Pomeroy v. Prescott, 106 Me. 401, 76 A. 898 (1910)).

State Tax Assessor v. Estate of C.G. Berwind

Superior Court of Maine · Jul 7, 2014

Stromberg-Carlson Corp. v. State Tax Assessor, 2001 ME 11, 765 A.2d 566. … John Swenson Granite, Inc. v. State Tax Assessor, 685 A.2d 425 (Me. 1996).

Kamco Supply Corp. of Boston v. A-Plus Insulation, Inc.

Superior Court of Maine · Dec 1, 2008

Brown Dev. Corp. v. Hemond, 2008 ME 146, err 13, 956 A.2d 104, 108 (quoting Clarke v. Di Pietro, 525 A.2d 623,625 (Me. 1987); Mass. Mun. Wholesale Elee. Co. v. Danvers, 411 Mass. 39, 48, 577 N.E.2d 283 (1991). … Brown Dev. Corp., 2008 ME 5 Defendant Cole's ambiguity rests, in part, on the "change in business form" clause.

Sahl v. Town of York

Superior Court of Maine · Feb 2, 2000

In order to have standing to appeal the plaintiffs must have participated before the Board and must have made a showing of particularized injury. See, Department of Environmental Protection v. … Partnership v. Town of Kittery, 663 A.2d 59, 61-2 (Me. 1995), Forester v. City of Westbrook, 604 A.2d 31,2 (Me. 1992) and Pearson v. Town of Kennebunk, 580 A.2d 535,7 (Me. 1991).

Einsenberg v. Maine Real Estate Commission

Superior Court of Maine · Nov 28, 2016

Verizon New England, Inc. v. Pub. Utils. Comm'n, 2005 ME 16, ~ 15, 866 A.2d 844 (quotation marks omitted). Brown v. Town of Starks, 2015 ME 47, ~ 6, 114 A.3d 1003. … [a]ny violation of the governing law of an office, board or commission [or] [a]ny violation of the rules of an office, board or commission .... " 10 M.R.S.A. §§ 8003(5­ A)(A)(4)-(5) (Supp. 2015).

Karbiner v. Montgomery

Superior Court of Maine · Sep 29, 2011

Wanda Haddock filed a Petition for Review under Rule 80B to review the most recent Board of Appeals decision on April 14, 2010 upholding a Planning Board denial of Ms. Haddock's most recent building permit request. … This Court entered its Order and Judgment in Wanda Haddock v.

State of Maine v. Durgin

Superior Court of Maine · May 13, 2008

The State was represented by counsel, Alice Clifford, Esq., while the defendant was represented by counsel, Donald Brown, Esq. … State v. Dunlap, 395 A.2d 821 (Me. 1978).

Blanchard v. Town of Bar Harbor

Superior Court of Maine · Dec 18, 2018

See Friends ofthe lvlotherhouse v. … (quoting Remmel v.

Casey v. Sch. Union 106

Superior Court of Maine · Oct 5, 2000

The law in Maine “deliberately leaves the decision whether to review a probationary teaching contract to the unfettered discretion of the school board.” Marxsen v. … See Annable v. Board of Envtl. Protection, 507 A.2d 592, 594 (Me. 1986). The entry is The Respondents’ Motion to Dismiss is GRANTED.

A & M Partners v. City of Portland

Superior Court of Maine · Oct 29, 2008

However, the court may not substitute its own judgment for that of the Board on factual determinations. Forbes v. … LaPointe v. City of Sa co, 419 A.2d 1013, 1015 (Me. 1980). On remand the Board refused to address this issue. Record at p. 178.

Rudolph v. Golick

Superior Court of Maine · Mar 10, 2010

RUDOLPH, et al., Plaintiffs v. ORDER AND DECISION ALAN L. … The Board's decision is well crafted, is both well focused and comprehensive and allows for effective judicial review. An appeal from the Board's decision has been filed, briefed and argued.

Fitanides v. City of Saco

Superior Court of Maine · Jul 9, 2003

The court may not substitute its judgments for that of the local board on issues of fact and accords them a measure of deference on interpretation of local ordinances. Mack v. … Cobbosee Development Group v.

McEwen v. Maine Dep't of Human Servs.

Superior Court of Maine · Dec 16, 2002

Brown v. State Department of Manpower Affairs, 426 A.2d 880 (Me. 1981). … Northeast Occupational Exchange, Inc. v. Bureau of Rehabilitation, 473 A.2d 406 (Me. 1984) citing Brown v. Department of Manpower Affairs, 426 A.2d 880.