Case law

State v. Carter

391 A.2d 344 · Supreme Judicial Court of Maine · Sep 26, 1978

State v. Parkinson, Me., 389 A.2d 1 (1978). … State v. Walker, Me., 341 A.2d 700, 703 (1975). A warrant is not required for search of an automobile on the road if there is probable cause to believe it is carrying contraband. Carroll v.

Twigg v. Town of Kennebunk

662 A.2d 914 · Supreme Judicial Court of Maine · Jul 25, 1995

Town of Hartford v. Bryant, 645 A.2d 18, 19 (Me.1994). As the party bearing the burden of proof before the Board, Twigg must show on appeal that the evidence compelled the Board to grant him a variance. Rancourt v. … See Hall v. Board of Envtl.

United States v. Kenney

595 F. Supp. 1453 · District Court, D. Maine · Oct 15, 1984

Finally, relying on United States v. … The Franks v.

Stevenson v. Town of Kennebunk

930 A.2d 1046 · Supreme Judicial Court of Maine · Apr 26, 2007

See Inhabitants of Machiasport v. Small, 77 Me. 109, 113 (1885); Inhabitants of Monmouth v. Inhabitants of Leeds, 76 Me. 28, 31-32 (1884); Inhabitants of Williamsburg v. … Lord, 51 Me. 599, 600-01 (1863); see also Kovach v.

Mattocks v. Chadwick

71 Me. 313 · Supreme Judicial Court of Maine · Aug 4, 1880

Brown, 1 Denio, 247 ); will not take a case out of the statute, except upon proof of performance of the condition. Proof of the promise only is not sufficient. Read v. Wilkinson, 2 Wash. C. C. 514; Lonsdale v. … Brown, 3 Wash. C. C. 404 ; Kampshall v. Goodman, 6 McL. 189. In the case now before us, the defendant’s promise was conditional. He said, " I would say now as I said before, and also told Mr.

Singal v. City of Bangor

440 A.2d 1048 · Supreme Judicial Court of Maine · Feb 9, 1982

LaPointe v. City of Saco, Me., 419 A.2d 1013, 1015 (1980); Moyer v. Board of Zoning Appeals, Me., 233 A.2d 311, 318 (1967). … LaPointe v. City of Saco, 419 A.2d at 1015 ; Robinson v. Board of Appeals, Town of Kennebunk, Me., 356 A.2d 196, 198 (1976); Moyer v. Board of Zoning Appeals, Me., 233 A.2d at 317 .

Sanborn v. Town of Sebago

924 A.2d 1061 · Supreme Judicial Court of Maine · May 17, 2007

the board of appeals before filing an appeal in the Superior Court); Freeman v. … See Benjamin v.

Daniels v. Tew Mac Aero Services, Inc.

675 A.2d 984 · Supreme Judicial Court of Maine · May 10, 1996

See also Curry v. … Henriksen v.

Cushing v. Smith

457 A.2d 816 · Supreme Judicial Court of Maine · Mar 10, 1983

Brennan v. R.D. Realty Corp., 349 A.2d 201 (Me.1975).” … Stanton v. Trustees of St. Joseph’s College, 233 A.2d 718, 724 (Me.1967).

Henry Banks v. Maine RSA 1

721 A.2d 655 · Supreme Judicial Court of Maine · Jan 19, 1999

Fitanides v. City of Saco, 684 A.2d 421, 422 (Me.1996) (citing Enos v. Town of Stetson, 665 A.2d 678, 680 (Me.1995)). The meaning of a term contained within an ordinance is a question of law, subject to de novo review. … See Gerald v. Town of York, 589 A.2d 1272, 1274 (Me.1991). A court must interpret an ordinance “by first looking at the plain meaning of the language to give effect to legislative intent.” Clarke v.

Town of Mount Vernon v. James Landherr

2018 ME 105 · Supreme Judicial Court of Maine · Jul 24, 2018

United States v. … Co. v.

Rockland Plaza Realty Corp. v. City of Rockland

772 A.2d 256 · Supreme Judicial Court of Maine · May 11, 2001

Musk v. Nelson, 647 A.2d 1198, 1201 (Me.1994). … Mayberry, 599 A.2d at 1154 (quoting Farley v.

Fitanides v. Perry

537 A.2d 1139 · Supreme Judicial Court of Maine · Feb 12, 1988

We have held that avenue of appeal is the exclusive remedy to challenge the action of the Board of Appeals unless it is somehow inadequate. Colby v. York County Comm’rs, 442 A.2d 544, 547 (Me.1982); Fisher v. … Town of North Berwick v. Jones, 534 A.2d 667, 670 (Me.1987).

Benjamin v. Houle

431 A.2d 48 · Supreme Judicial Court of Maine · Jun 26, 1981

court’s decision in Fletcher v. … Inhabitants of Town of Boothbay Harbor v. Russell, Me., 410 A.2d 554, 559 (1980).

Abbott v. Jackson

84 Me. 449 · Supreme Judicial Court of Maine · Apr 19, 1892

Per Elliot, J., in Purcell v. … Dec. 661 ; Welch v. Wilcox, 100 Am. Dec. 114 ; Elliott v. Rhett, 57 Am. Dec. 759 ; Purcell v. English, 44 Am. Rep. 262 ; Bowe v. Hunking, 46 Am. Rep. 474 ; Herman v. Roberts, 16 Am. St. Rep. 803 ; Edwards v.

Grant's Farm Associates, Inc. v. Town of Kittery

554 A.2d 799 · Supreme Judicial Court of Maine · Mar 7, 1989

Ass’n v. Town of Naples, 486 A.2d 91, 94 (Me.1984). … Without endorsing all of the Board’s practices, we nevertheless conclude, as we did in Hall v.

Northeast Harbor Golf Club, Inc. v. Town of Mount Desert

618 A.2d 225 · Supreme Judicial Court of Maine · Dec 30, 1992

The court affirmed the Planning Board’s ruling. See Northeast Harbor Golf Club v. Town of Mount Desert, No. CV-91-103 (Me.Super.Ct., Han. Cty., Mar. 17, 1992) [Golf Club v. Town ]. … In Arsenault v.

Boivin v. Town of Sanford

588 A.2d 1197 · Supreme Judicial Court of Maine · Apr 10, 1991

Tompkins v. City of Presque Isle, 571 A.2d 235, 236 (Me.1990). A board of appeals has discretion in determining whether an activity is within the scope of a permitted, nonconforming use. Mason v. … Nyczepir v. Town of Naples, 586 A.2d 1254, 1256 (Me.1991).

Vachon v. Town of Kennebunk

499 A.2d 140 · Supreme Judicial Court of Maine · Oct 9, 1985

See Bernard v. … Since Vachon failed to perfect his appeal in timely fashion, he never satisfied the threshold requirement for Superior Court review of the Kennebunk Board’s revocation of his land use permit. Fisher v.

State v. Knight

55 L.R.A. 373 · Supreme Judicial Court of Maine · Aug 13, 1901

In State v. … This is the sense in which ‘irresistible impulse’ was defined in Hopps v. People, 31 Ill. 385 , and Dacy v. People, 116 Ill. 556 .” See also State v. Felter, 25 Iowa, 67 : State v. Mewherter, 46 Iowa, 88 ; State v.