Case law

Saco Defense Systems Division v. Weinberger

629 F. Supp. 385 · District Court, D. Maine · Feb 20, 1986

Sea-Land Service, Inc. v. Brown, 600 F.2d 429, 435 (3d Cir.1979). Application of the Ten Percent Factor Plaintiffs argue next that Defendants did not apply the ten percent factor equally to all competitors. … Sea-Land, Services, Inc. v. Brown, 600 F.2d at 433 . On this record all of Plaintiffs’ suggestions that Defendants acted irrationally or unfairly are wholly without merit.

Camden & Rockland Water Co. v. Town of Hope

543 A.2d 827 · Supreme Judicial Court of Maine · Jun 30, 1988

Rather, our review is limited to determining whether the Board’s action was arbitrary, not in accord with law, or not supported by substantial evidence in the record. Shackford & Gooch, Inc. v. … See Ullis v. Town of Boothbay Harbor, 459 A.2d 153 (Me. 1983); Schwanda v. Bonney, 418 A.2d 163 (Me. 1980).

Cohen v. Ketchum

344 A.2d 387 · Supreme Judicial Court of Maine · Sep 19, 1975

Hooper v. Goodwin, 48 Me. 79 (1861); State v. … See: Inhabitants of the Town of North Berwick v. State Board of Education, Me., 227 A.2d 462 (1967).

MacAro v. Town of Windham

468 A.2d 604 · Supreme Judicial Court of Maine · Dec 8, 1983

Our review of the Board’s decision is controlled by 5 M.R.S.A. § 11007(3) and (4) and we do not accord any special deférence to the review conducted in the Superior Court. Gulick v. … Bruk v. Town of Georgetown, 436 A.2d 894, 898 (Me.1981). *606 The evidence of plaintiff’s financial circumstances establishes her inability to contribute to the public charges in 1978.

International Paper Co. v. Town of Jay

665 A.2d 998 · Supreme Judicial Court of Maine · Oct 6, 1995

IP’s challenge to the board’s authority to regulate air quality contests the board’s jurisdiction to impose penalties at all. See City of South Portland v. … See Lyons v. Board of Directors of School Admin. Dist.

Logan v. City of Biddeford

772 A.2d 1183 · Supreme Judicial Court of Maine · May 21, 2001

In Farley v. … Remanded to the Superior Court with instructions to remand to the Zoning Board of Appeals for farther proceedings consistent with this opinion. . In Stewart v.

South Portland Associates v. City of South Portland

550 A.2d 363 · Supreme Judicial Court of Maine · Nov 10, 1988

The Board’s chosen procedures are entitled to the deference of the reviewing courts. See Town of Wiscasset v. Board of Envtl. Protection, 471 A.2d 1045, 1048 (Me.1984). … Sweet, Inc. v.

Estate of Joyce v. Commercial Welding Co.

55 A.3d 411 · Supreme Judicial Court of Maine · May 3, 2012

“[W]e give deference to Board rules interpreting the Act and have encouraged the Board to enact rules to fill in the ‘gray areas’ that were intentionally left in the Act.” Baker v. S.D. … However, the Court will defer to the Board only when there is no direct conflict between the Board rules and statutory language. Jasch v.

State v. Rush

324 A.2d 748 · Supreme Judicial Court of Maine · Aug 27, 1974

In McGowan v. … The alleged discrimination in the present case involves no suspect classifications such as race, Brown v. Board of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954); national origin, Oyama v.

29 McKown LLC v. Town of Boothbay Harbor

277 A.3d 364 · Supreme Judicial Court of Maine · Jun 28, 2022

See supra n.3; Viles v. … period for appeal has expired.”); Brackett v.

Baker Bus Service, Inc. v. Keith

416 A.2d 727 · Supreme Judicial Court of Maine · Jul 14, 1980

In Sanford Highway Unit of Local 481, AFSCME v. … See Desfosses v. Notis, Me., 333 A.2d 83, 86 (1975), quoting Restatement (Second) of Agency § 1(1) (1958).

Riley v. Bath Iron Works Corp.

639 A.2d 626 · Supreme Judicial Court of Maine · Mar 31, 1994

The entry is: The decree of the Workers’ Compensation Board in Riley v. … The decree of the Workers’ Compensation Board in Gagne v.

Rosetti v. Land Reclamation

704 A.2d 312 · Supreme Judicial Court of Maine · Sep 26, 1997

’s decision on that petition. 4 39-A M.R.S.A § 322 (Supp.1996); Guaranty Fund Management Servs. v. … The Board has “no powers beyond those expressly granted to it by the Legislature, or such as emerge therefrom by implication as necessary and incidental to the full exercise of the powers explicitly granted.” Wood v.

Pepperman v. Town of Rangeley

739 A.2d 851 · Supreme Judicial Court of Maine · Nov 1, 1999

See Nugent v. Town of Camden, 1998 ME 92, ¶ 7 , 710 A.2d 245, 247 . No special deference is accorded to the review conducted in the Superior Court on this matter. 1 See Macaro v. … Town of Sanford v. J & N Sanford Trust, 1997 ME 97, ¶ 13 , 694 A.2d 456, 457 .

Perreault v. Toussaint

419 A.2d 1009 · Supreme Judicial Court of Maine · Aug 22, 1980

Hathaway v. Rancourt, Me., 409 A.2d 209, 213 (1979); Kinney v. Central Maine Power Co., Me., 403 A.2d 346, 350 (1979); C Company v. City of Westbrook, Me., 269 A.2d 307, 309 (1970). … Hedberg v. Wallingford, Me., 379 A.2d 126, 131 (1977); May v. Labbe, 114 Me. 374, 379 , 96 A. 502, 504 (1916).

Peaker v. City of Biddeford

927 A.2d 1169 · Supreme Judicial Court of Maine · Aug 9, 2007

Malonson v. Town of Berwick, 2008 ME 148, ¶ 2 , 838 A.2d 338, 338 (alteration omitted) (quotation marks omitted). … Doggett v.

Rowe v. City of South Portland

730 A.2d 673 · Supreme Judicial Court of Maine · May 28, 1999

Forester v. … See Pepperman v.

Ogunquit Sewer District v. Town of Ogunquit

691 A.2d 654 · Supreme Judicial Court of Maine · Feb 28, 1997

Plummer Co. v. Town of Cape Elizabeth, 612 A.2d 856 (Me.1992) (denial of zoning change request proper because in basic harmony with comprehensive plan); LaBonta v. … We conclude the Board’s decision is supported by the record as a whole and is not without reason. See Glosser v. Town of Northport, 589 A.2d 1280, 1283 (Me.1991) (quoting Mack v.

Doucette v. Hallsmith/Sysco Food Services, Inc.

21 A.3d 99 · Supreme Judicial Court of Maine · Jun 9, 2011

See Wentworth v. Manpower Temp. Servs., 589 A.2d 934, 937-38 (Me.1991); Stickles v. … See Leighton v. S.D.

Fitanides v. Crowley

467 A.2d 168 · Supreme Judicial Court of Maine · Nov 3, 1983

Stucki v. Plavin, 291 A.2d 508, 510 (Me.1972); see Phillips Petroleum Co. v. Zoning Board of Appeals of the City of Bangor, 260 A.2d 434 (Me.1970); see also Waterville Hotel Corp. v. … Cope v. Inhabitants of the Town of Brunswick, 464 A.2d 223, 227 (Me.1983).