Case law

Blanchard v. Town of Bar Harbor

Superior Court of Maine · Dec 18, 2018

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

City of Augusta v. Maine Labor Relations Bd.

Superior Court of Maine · May 3, 2002

The Law Court recognized this distinction in City of Bangor v. … For all the above reasons, the entry will be: Decision of the Maine Labor Relations Board in the matter of Local 1650, IAFF, AFL-CIO-CLC v. City of Augusta, Maine Labor Relations Board case number 01-09 is AFFIRMED.

Michael v. Berggren

Superior Court of Maine · Jul 26, 2017

CV-16-0273 STEPHEN MICHAEL [ANGE], ) ) Plaintiff ) ) V. … Brown v. Thaler, 2005 ME 75, 9[ 8, 880 A.2d 1113. There have been no filings made in this matter since January 3, 2017.

Wister v. Town of Mt. Desert

Superior Court of Maine · Sep 12, 2008

Perkins v. Town of Ogunquit, 1998 ME 42, , 12, 709 A.2d 106, 109. … See also Bragdon v. Town of Vassalboro, 201 ME 137, , 8, 780 A.2d 299, 302; LaBay v. Town ofParis, 659 A.2d 263,265-66.

Dineen v. Port City Chrysler-Dodge, Inc.

Superior Court of Maine · Apr 26, 2016

Brown, 564 U.S. 915, 919 (2011). The motion to dismiss on this basis is denied. B. … Land Mgmt. , Inc. v. Dep 't of Envtl.

Leonard v. Town of Kittery

Superior Court of Maine · Jan 23, 2006

See Lippofh v. Zo-ni7.ig Board of Apj~eflls,City. ot'So. L'nrtlirrr~i, 31 1 A.2d 552, 557 (Me. 1973). . … v 1 :1 ; 1 : 1 ! 2 ! l l !I;~ iiiy v~s\/L~, L/i%:ifa?'?

Quintal v. Maine State Ret. Sys.

Superior Court of Maine · Aug 19, 2004

Seider v. Board of Exam’ of Psychologists, 2000 ME 206 {| 9, 762 A.2d 551, 555 (Me. 2000) (citing CWCO, Inc. v. Superintendent of Ins., 1997 ME 226, { 6, 703 A.2d 1258, 1261 (Me. 1997)). … “[Petitioner] must prove that no competent evidence supports the Board's decision and that the record compels a contrary conclusion.” Bischoff v. Board of Trustees, 661 A.2d 167, 170 (Me. 1995).

Town of Windham v. Bond

Superior Court of Maine · Jul 13, 2016

See, e.g. , Inkel v. Livingston, 2005 ME 42, ~ 4. The court has reviewed the parties ' respective Rule 56(h) statements of material fact. … As a result of meetings with the Board, Mr. Bond has revised the plan.

Murphy v. Town of Cape Elizabeth

Superior Court of Maine · Jul 3, 2014

See Sproul v. Town of Boothbay Harbor, 2000 ME 30 <JI 7, 746 A.2d 368; Forester v. City of Westbrook, 604 A.2d at 32; Harrington v. City of Biddeford, 583 A.2d at 696. … for the Board to consider the Murphys' challenges on the merits.

Wiper v. City of South Portland

Superior Court of Maine · Oct 31, 2005

York v. … "); Wells v.

Maine Human Rights Comm'n v. Saddleback, Inc.

Superior Court of Maine · Oct 31, 2008

Costain v. Subury Primary Care, P.A., 2008 ME 142, <][ 6. The first element was met by Duggan's complaint to the Board about Saddleback's unlicensed and unsafe electrical installation work. … Koster v.

Commercial Union Ins. Co. v. Maine Employers Mut. Ins. Co.

Superior Court of Maine · Jun 28, 2001

Bureau v. Staffing Network, Inc., 678 A.2d 583, 590 (Me. 1996). Further, the Board and the Law Court have concurred that such mediation agreements are binding otherwise section 313 would be deprived of meaning. Id. … Supporting this view is the case of Rosetti v. Land Reclamation, 1997 ME 197, I 1, 7, 704 A.2d 312, 313, 314 which holds that"... the Board has no authority to determine apportionment issues between insurers... ."

Leavitt v. State of Maine

Superior Court of Maine · May 23, 2002

Seider v. Board of Examiners of Psychologists, 2000 ME 206, J 8, 762 A.2d 551, 555 (Me. 2000) (quotation and citation omitted). “The burden of proof rests with the party seeking to overturn the agency's decision.” … See Austin v. Austin, 2000 ME 61, | 8, 748 A.2d 996, 1000.

Warnaco, Inc. v. State of Maine, Workers' Comp. Bd.

Superior Court of Maine · Jan 2, 2003

P. 80C, seeking review of final agency action of the respondent Workers’ Compensation Board (Board). … The petitioners argue that the decision of the Law Court in Guarantee Fund Management Services v.

Wells Fargo Fin. Leasing v. United Sys. Access, Inc.

Superior Court of Maine · Oct 18, 2010

United's bylaws give the Board of Directors the sole authority appoint officers, and the Board never appointed Mr. Carbonneau to the position of Vice President. (Add'l S.M.F. 122.) However, Mr. … Inkell v. Livingston, 2005 ME 42, 9I 4, 869 A.2d 745, 747 (quoting Lever v. Acadia Hasp. Corp., 2004 ME 35, 9I 2, 845 A.2d 1178, 1179). Any ambiguities "must be resolved in favor of the non-moving party." Beaulieu v.

MSAD No.63 v. Comm'r of the Dep't of Educ.

Superior Court of Maine · Jan 21, 2009

She was terminated from her employment as Superintendent by the MSAD No. 63 School Board. She appealed the Board's decision on August 6,2008, pursuant to 20-A M.R.S. § 1052(3). Ms. … In Naylor v.

Jortner v. Bellows

Superior Court of Maine · Mar 9, 2023

held that § 905(2) mandates that the Superior Court "independently determine whether the ballot question is understandable and not misleading" based on the record, without deference to the Secretary's decision. 2 Olson v. … Olson v. Sec'y of State, 1997 ME 30, 'I[ 6, 689 A.2d 605; see Me. Const. art. IV, pt. 3, § 20. Page3 of 6 III.

Rhodes v. Segee Realty, LLC

Superior Court of Maine · Apr 19, 2019

Brown v. Delta Tau Delta, 2015 ME 75,, 9, 118 A.sd 789. … See Brown v.

Rauch v. Town of Kittery

Superior Court of Maine · Oct 21, 2004

See Juliano v. Town of Poland, 1999 ME 42, 47, 725 A.2d 545, 8. There was no request for a permit with more generous conditions nor any challenge to the permit as issued. … The Board was correct in its findings and decision. The Board is also correct for a somewhat more complex reason.

Dow v. Caribou Chamber of Commerce

Superior Court of Maine · Mar 9, 2005

P. 56(c); see also Darlings v. Ford Motor Co., 2003 ME 21, § 14, 817 A.2d 877, 879. … Rodrigue v. Rodrigue, 1997 ME 99, J 8, 694 A.2d 924, 926. “‘A fact is material when it has the potential to affect the outcome of the suit.’” Prescott v. State Tax Assessor, 1998 ME 250, 45, 721 A.2d 169, 172.