Case law

Gilman v. Wills

66 Me. 273 · Supreme Judicial Court of Maine · May 31, 1877

Blaney v. Bearce, 2 Maine, 132. Brown v. Leach, 35 Maine, 39. Norton v. Webb, 35 Maine, 218. This doctrine, so well settled by repeated decisions, has been incorporated into the statutes of the state. R. S., c. 90, § 2. … There being no reservation of them in the deed, and they not being severed from the soil at the time of the delivery of the deed, they with the soil became vested in . the plaintiff (Brown v.

Perrin v. Town of Kittery

591 A.2d 861 · Supreme Judicial Court of Maine · May 20, 1991

When acting in direct judicial review, a court may not make findings independent of those explicitly or implicitly found by the Board or substitute its judgment for that of the Board. Id., Driscoll v. … See Sibley v. Inhabitants of the Town of Wells, 462 A.2d at 31 ; Barnard v. Zoning Bd. of Appeals, 313 A.2d 741, 747, 749 (Me.1974); cf. Marchi v.

Aubry v. Town of Mount Desert

10 A.3d 662 · Supreme Judicial Court of Maine · Nov 2, 2010

Brickley v. Horton, 2008 ME 111, ¶ 10 , 951 A.2d 801, 803 . … Perry Iron & Metal Co., 2006 ME 52 , 896 A.2d 956 ; *665 Malonson v. Town of Berwick, 2003 ME 148 , 838 A.2d 338 ; Doggett v. Town of Gouldsboro, 2002 ME 175 , 812 A.2d 256 .

Wyman v. Town of Phippsburg

976 A.2d 985 · Supreme Judicial Court of Maine · Jul 28, 2009

Griswold v. Town of Denmark, 2007 ME 93, ¶ 9 , 927 A.2d 410, 414 (quotation marks omitted); see also Gensheimer v. … See, e.g., York v. Town of Ogunquit, 2001 ME 53 , ¶ 4 n. 4, 769 A.2d 172, 174 . [¶ 13] We do not read section 1.6 of the Ordinance to impose a setback requirement requiring a variance from the Board of Appeals.

Pepperman v. Town of Rangeley

659 A.2d 280 · Supreme Judicial Court of Maine · May 31, 1995

Perrin v. Town of Kittery, 591 A.2d 861, 868 (Me.1991). See also Sibley v. … See Power v.

Silsby v. Allen's Blueberry Freezer, Inc.

501 A.2d 1290 · Supreme Judicial Court of Maine · Dec 9, 1985

Kittery Water District v. Town of York, 489 A.2d 1091, 1093 (Me.1985); Lakes Environmental Ass’n. v. Town of Naples, 486 A.2d 91, 94 (Me.1984). … In Cushing v. Smith, 457 A.2d 816, 819 (Me.1983), this Court said that “30 M.R.

George D. Ballard, Builder, Inc. v. City of Westbrook

502 A.2d 476 · Supreme Judicial Court of Maine · Dec 6, 1985

Robinson v. Board of Appeals, Town of Kennebunk, 356 A.2d 196, 198 (Me.1976); Moyer v. Board of Zoning Appeals, 233 A.2d 311, 317 (Me.1967). … Otherwise, the Ordinance would allow the Board to extend an approval that had become void. Cf. Camplin v.

Carroll v. Holway

158 F. 328 · District Court, D. Maine · Jan 6, 1908

In Smith v. Havemeyer (D. C.) 32 Fed. 844 , Judge Addison Brown said: “Such a wharf was plainly not a proper one, or In a proper condition below the water line to receive vessels for the discharge of cargo. … The testimony shows that the schooner had on board 232 tons of coal.

MacK v. MUNICIPAL OFF. OF TOWN OF CAPE ELIZABETH

463 A.2d 717 · Supreme Judicial Court of Maine · Jul 29, 1983

The burden of persuasion in the Rule 80B action rests on the Macks, as the parties seeking to overturn the Board’s decision. See Seven Islands Land Co. v. … Although the Board could not have validly based its decision against the Macks solely upon its “visceral” reaction to the project, V.S.H. Realty, Inc. v.

Ray v. Town of Camden

533 A.2d 912 · Supreme Judicial Court of Maine · Nov 25, 1987

V, § 1. … Because Ray's action is in the nature of a mandamus, the individual members of the Planning Board are proper parties defendant to this action. See Nisbet v. Faunce, 432 A.2d 779, 781 (Me.1981); LaPointe v.

Stone v. Locke

46 Me. 445 · Supreme Judicial Court of Maine · Jul 1, 1859

. *446 The bill alleges that on the 21th of October, 1849, Brown & Bunker mortgaged the premises, sought to be redeemed, to the defendants, to secure their notes given for the same; that, on October 2, 1850, Brown & Bunker … J., in Cushing v. Ayer, 25 Maine, 383, “must be believed to be to obtain a statement of the precise sum due, so that a tender could be made which would be accepted.” In Allen v.

Izabella HMC-Mf, LLC v. Radisson Hotels Int'l, Inc.

378 F. Supp. 3d 775 · District Court, D. Maine · May 10, 2019

Motors Corp. v. Harry Brown's, LLC , 563 F.3d 312 , 319 (8th Cir. 2009). … See, e.g. , Hinz v.

Grand Beach Ass'n v. Town of Old Orchard Beach

516 A.2d 551 · Supreme Judicial Court of Maine · Oct 23, 1986

Driscoll v. Gheewalla, 441 A.2d 1023 (Me.1982). … Curtis v. Main, 482 A.2d 1253, 1257 (Me.1984).

In re Jonas

164 A.3d 120 · Supreme Judicial Court of Maine · Mar 16, 2017

See State v. … Kurtz & Perry, P.A. v. Emerson, 2010 ME 107, ¶ 16 , 8 A.3d 677 (quotation marks omitted). In the matter before us, however, the Board did not assert the applicability of collateral estoppel. See Canary v.

Curtis v. Main

482 A.2d 1253 · Supreme Judicial Court of Maine · Oct 23, 1984

See Comeau v. Maine Coastal Services, 449 A.2d 362, 368 (Me.1982) (quoting Hall v. State, 441 A.2d 1019, 1021 (Me.1982)); see also Keith v. Saco River Corridor Commission, 464 A.2d at 153 ; Driscoll v. … Barnard v. Zoning Board of Appeals of the Town of Yarmouth, 313 A.2d 741, 749 (Me.1974). In Barnard v.

State v. Trusiani

854 A.2d 860 · Supreme Judicial Court of Maine · Aug 13, 2004

Boyington, we applied a five-part test developed by the United States Supreme Court in Brown v. … Brown, 422 U.S. at 604 , 95 S.Ct. 2254 (emphasis added). [¶ 25] In State v.

Town of Jay v. Androscoggin Energy, LLC

822 A.2d 1114 · Supreme Judicial Court of Maine · May 1, 2003

Fichter v. Bd. of Envtl. Prot., 604 A.2d 433, 437-38 (Me.1992). … In International Paper Co. v.

Kurlanski v. Portland Yacht Club

782 A.2d 783 · Supreme Judicial Court of Maine · Oct 26, 2001

Wells v. … Lentine v. Town of St.

Herrle v. Town of Waterboro

763 A.2d 1159 · Supreme Judicial Court of Maine · Jan 4, 2001

Pepperman v. … State v.

George Brackett v. Town of Rangeley

831 A.2d 422 · Supreme Judicial Court of Maine · Aug 25, 2003

Thus, we review directly the May 23, 2001 decision of the Rangeley Zoning Board of Appeals. [¶ 16] We construe an ordinance in accordance with its objectives. Griffin v. … Gagne v. Lewiston Crushed Stone Co., Inc., 367 A.2d at 618-19 . Subsequently, in Wright v.