Case law

Faulkingham v. Oceans East, LLC

Superior Court of Maine · Apr 22, 2003

Notice of any decision must be mailed or hand delivered to the petitioner, the petitioner’s representative or agent, the planning board, agency or office and the municipal officers within 7 days of the board’s decision. … Unlike the statutes considered by the Law Court in Vachon v. Town of Kennebunk, 499 A.2d 140 (Me. 1995) and Lewiston v.

Blumberg v. Town of Vassalboro

Superior Court of Maine · Sep 26, 2006

. ~ . ' ~ ~ 7 /' JONATHAN BLUMBERG, Plaintiff v. … P. 80B from the final decision of the Vassalboro Planning Board. This decision of December 20, 2004, approved the Mystic fidge Subdivision being developed by defendant Morneau.

Barbee v. Rosenfeld

Superior Court of Maine · May 16, 2018

The Third-Party Complaint then outlines claims for Fraud (Count 1); Breach of Fiduciary Duty (Count If); Declaratory Judgment (Count IID; Conversion (Count [V); Unjust Enrichment (Count V); and Breach of Contract (Count VI … Brown v. Thaler, 2005 ME 75, § 10, 880 A.2d 1113 (citations omitted).

Cape Shore House v. Town of Cape Elizabeth

Superior Court of Maine · Aug 22, 2018

Jordan v. City ofEllsworth, 2003 ME 82, ,r 8, 828 A.2d 768. III. … Carrier v. Sec'y of State, 2012 ME 142, ,r 18, 60 A.3d 1241 (citations omitted).

Upton v. Maine Department of Corrections

Superior Court of Maine · Jan 8, 2018

Friends of Lincoln Lake v Board of Environmental Protection, 2001 ME. 18 ,r13, 989 A. 2d 1128. The court may not substitute its judgment for that of the agency's on questions of fact. 5 M.R.S. § 11007(3). … Seider v. Board of Examiners of Psychologists, 2000 ME 206, ,r 8, 762 A.2d 551 quoting CWCO, Inc. v. Superintendent ofInsurance, 1997 ME 226, ,r 6, 703 A. 2d 1258, 1261.

Dion v. Town of Kittery

Superior Court of Maine · Jul 12, 2004

“[A]n applicant before an administrative board is entitled under the due process clause of the United States and Maine constitutions to a fair and unbiased hearing.” Gorham v. … See Minot School Committee v. Minot Educ. Ass‘n, 1998 ME 211, J 8, 717 A.2d 372, 375 (“We defer to the Board's opportunity to assess witness credibility.”) (citations omitted).

Allegiance Fin. Group, Inc. v. Camden Nat'l Corp.

Superior Court of Maine · Oct 23, 2001

Richard responded to questions generated by the members of the board of directors during Mr. Daigle’s discussion with the board regarding the plaintiffs proposal. See PI.’s Ex. 8. … See Smith v. Cannell, 1999 ME 19, { 8, 723 A.2d 876, 879 (breach of contract); Sun Lumber v. Loiselle, 593 A.2d 213, 215 (Me. 1991) (account annexed); Harmony Homes Corp, v. Cragg, 390 A.2d 1033, 1035-36 (Me. 1978).

Curtis Walter Stewart Architects v. Cohen

Superior Court of Maine · Jan 30, 2008

Fischbach & Moore, Inc. v. Presteel Corp., 398 A.2d 397, 400 (Me. 1979), quoting Maxim v. … See, e.g., Compass Bank v.

Walker v. Maine Sch. Admin. Union 42

Superior Court of Maine · Mar 7, 2003

CY-02-222 DAM. xe/} = 3/7 /300% RUTH WALKER, as next friend and o/b /o EMILY WALKER, - Plaintiff v. ORDER ON MOTION . … The authority to dismiss teachers is vested in the school board. 20-A M.R.S.A. § 13202. Therefore, Union #42 argues that defendant adult supervisor was not an employee of Union #42.

Fernald v. Town of Elliot

Superior Court of Maine · Mar 4, 2006

Yusem v. Town of Raymond, 2001 ME 61, P7, 769 A.2d 865, 869. As the party seelung to overturn the ZBA's decision, Mr. Fernald has the burden of establishing that the evidence compels a contrary conclusion. Herrick v. … In other words, a demonstr-;itionthat no competent evidence supports the ZRA's findings is required in order to vacate the board's decision. Thacker v. Knnnver Dev. Corp., 2003 ME 30, T 8, 818 A.2d 1013, 1017.

State of Maine v. Pagnani

Superior Court of Maine · Nov 17, 2017

Underneath it; he located a sandwich baggie containing .5 total baggies of a tan/brown powder. … See generally Michigan v. Long, 463 U.S. 1032 (1983); United States v. Ross, 456 U.S. 798 (1982); South Dakota v. Opperman, 428 U.S. 364 (1976); Schneckloth v. Bustamante, 412 U.S. 218 (1973); Schmerber v.

Maine State Bd. of Nursing v. Lanning

Superior Court of Maine · Mar 26, 2003

AD-02-001 MAINE STATE BOARD OF NURSING, et al., Plaintiff V. DONALD L. GaraasofECISION AND ORDER PATRICIA E. … Senty v. Board of Osteophatic Examination & Registration, 594 A.2d 1068 (Me. 1991).

Martin v. G.W.V.

Superior Court of Maine · Jan 23, 2015

With respect to plaintiffs showing of emotional distress, the Law Court's decision in Jacques v. … Brown, 609 A.2d 290, 292-93 (Me. 1992), demonstrates that a plaintiff seeking damages for sexual assault is not required to offer the kind of specificity that might otherwise be required in order to justify an attachment

MTGLQ Investors, L.P. v. Mortgage Lenders Network USA, Inc.

Superior Court of Maine · May 22, 2019

s Trial Memo); see Averill v. Cone, 129 Me. 9, 149 A. 297 (1930); Dixon v. Dixon, 123 Me. 470, 124 A. 198 (1924); Wyman v. Porter, 108 Me. 110, 79 A. 371 (1911); Lord v. Crowell, 75 Me. 399 (1883); Jordon v. … Cheney, 74 Me. 359 (1883); Sawyer v. Skowhegan, 57 Me. 500 (1868); Stewart v. Crosby, 50 Me. 130 (1863); Moore v. Ware, 38 Me. 496 (1854); Johnson v. Candage, 31 Me. 28 (1849).

Quinney v. Bd. of Trustees, Maine Pub. Employees Ret. Sys.

Superior Court of Maine · Dec 30, 2008

Amsden v. Moran, 904 F.2d 748, 753 (1st Cir. 1990). See Mathews v. Eldridge, 424 U.s. 319, 348 (1976). … Shannon v.

Trudo v. Town of Kennebunkport

Superior Court of Maine · May 2, 2005

Chflpel Road Associates, LLC v. … 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.

Stetson House v. Inhabitants of the Town of Newcastle and Newcastle Shores

Superior Court of Maine · Apr 7, 2006

See Adelman v. Town of Baldwin, 2000 ME 91, ¶ 12, 750 A.2d 577, 583.  For the following reasons, the decisions of the PB and Town of Newcastle Board of Appeals are affirmed.' … V, 5 D(3); Cunnineharn v. -Ktterv Planning Bd., 400 A.2d 1070, 1078-79 (Me. 1979) (citation omitted); see also Crispin v. Town of Scarborou~h,1999 NIE 112, 99 17-27,736 A.2d 241, 247-49 (zoning).

State of Maine v. Holland

Superior Court of Maine · Oct 21, 2016

State v. Brown, 1997 ME 90, CJ[ 5, 694 A.2d 453 (quoting 4 State v. Cusack, 649 A.2d 16, 18 (Me. 1994)). … (quoting Brown v. Texas, 443 U.S. 47, 51 (1979)).

Sawyer Envtl. Facilities, Inc. Sawyer Envtl. Facilities, Inc. v. Inhabs. of the Town of Hampden, Maine

Superior Court of Maine · Nov 8, 2000

” to be an unconstitutional grant of power to a zoning board. … Section 5.4.A.2 allows the Board “to express a legislative-type opinion about what is appropriate for the community.” Wakelin v. Town of Yarmouth, 523 A.2d at 577.

Webster v. City of Auburn

Superior Court of Maine · Jul 12, 2000

Halfway House, Inc. v. City of Portland, 670 A.2d 1377, 1379 (1996). … Dowey v. Sanford Housing Authority, 516 A.2d 957, 959 (1986).