Case law

State v. Whitney

54 A.3d 1284 · Supreme Judicial Court of Maine · Aug 7, 2012

.” [¶ 7] The court then analyzed whether Whitney’s seizure was reasonable pursuant to the Fourth Amendment for information-seeking purposes, applying the Brown v. Texas three-factor test adopted in State v. … Brown v. Texas Three-Factor Test [¶ 13] Whitney’s seizure was also unreasonable pursuant to the three-factor test articulated in Brown .

Sharon Cassidy v. City of Bangor

88 A.3d 732 · Supreme Judicial Court of Maine · Mar 18, 2014

SHARON CASSIDY v. CITY OF BANGOR et al. … See Bond v.

Superintending School Committee v. Winslow Education Ass'n

363 A.2d 229 · Supreme Judicial Court of Maine · Aug 13, 1976

In Board of Education of District of Philadelphia v. … In Board of Education of Union Free School District No. 3 of the Town of Huntington v.

Valdastri v. City of Bath

521 A.2d 691 · Supreme Judicial Court of Maine · Feb 25, 1987

See State v. Maine State Employees Association, 482 A.2d 461, 464 (Me.1984). See also 9 Moore’s Federal Practice ¶ 110.07 (1985). … Wheeler v.

Radin v. Crowley

516 A.2d 962 · Supreme Judicial Court of Maine · Oct 28, 1986

Marchi v. Town of Scarborough, 511 A.2d 1071, 1072 (Me.1986). We must determine whether the decision of the Board was unlawful, arbitrary, capricious or unreasonable. Driscoll v. … Finally, we rejected analogous arguments on quite similar facts in Barnard v. Zoning Board of Appeals of Town of Yarmouth, 313 A.2d 741 (Me.1974).

Woodward v. Town of Newfield

634 A.2d 1315 · Supreme Judicial Court of Maine · Dec 29, 1993

The Board maintains that the thirty-day appeal period commenced with the public vote on June 4. *1317 The Court has previously addressed this question in Vachon v. Town of Kennebunk, 499 A.2d 140 (Me.1985). … At the time of our decision in Vachon v. Town of Kennebunk, 499 A.2d 140 (Me.1985), the applicable statute, 30 M.R.S.A. § 2411(3)(F) (1978) provided: F.

Briggs v. Town of York

Superior Court of Maine · May 15, 2015

In Brown v. … This court is unable to reconcile Paradis with Brown.

Bangor Publishing Co. v. Town of Bucksport

682 A.2d 227 · Supreme Judicial Court of Maine · Aug 16, 1996

In Campbell v. … Although we decided in Champion Int’l Corp. v.

Hartley v. State

249 A.2d 38 · Supreme Judicial Court of Maine · Jan 17, 1969

In Avellino v. … While the Parole Board is not bound by the outcome of the state court proceeding, Hogan v.

Two Lights Lobster Shack v. Town of Cape Elizabeth

712 A.2d 1061 · Supreme Judicial Court of Maine · Jun 17, 1998

The Superior Court affirmed the board’s decision and this appeal followed. 3 [¶ 5] The meaning of terms or expressions in a zoning ordinance is a question of law for the court. Oliver v. … Foley v. Adam, 638 A.2d 718, 719 (Me.1994).

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.

Bhatnagar v. Mid-Maine Medical Center

510 A.2d 233 · Supreme Judicial Court of Maine · May 27, 1986

Beegan v. Schmidt, 451 A.2d 642, 644 (Me.1982) (quoting Kradoska v. Kipp, 397 A.2d 562, 565 (Me.1979)). The three prongs of the Beegan test are satisfied here. … See Prakash v. American Univ., 727 F.2d 1174, 1182 (D.C.Cir.1984).

Hunter v. Randall

62 Me. 423 · Supreme Judicial Court of Maine · Jul 1, 1873

. & Ell., 94; Browne on Statute of Frauds, § 184; Hearn v. Waterhouse, 39 Maine, 96. This view of the case does not necessarily deprive the plaintiff of all remedy. … See Browne on Statute of Frauds, §§ 182, 183 ; Medbury v. Watson, 6 Metc., 246 ; Swann v. Phillips, 8 Ad. & Ell., 457 ; Lyde v. Barnard, Tyrw. & Gr., (Exch.) 250. Exceptions sustained. Appleton, O.

White v. Farnham

99 Me. 100 · Supreme Judicial Court of Maine · May 25, 1904

In French v. Chase, 6 Maine, 166, the plaintiff in replevin claimed title to the goods in question under a sale of them by Walter Brown. … The case of French v. Greenleaf, he says “is still stronger.”

Bryant v. Ware

30 Me. 295 · Supreme Judicial Court of Maine · Jul 1, 1849

Groat, 6 Johns. 168 ; Babcock v. Gill, 10 Johns. 287 ; Brown v. Sax, 7 Cowen, 95; Treat v. Barber, 7 Conn. 280 ; Barron v. Cobleigh, 11 N. H. 558. … Browne’s Civil Law, 243; Ward v. Ayre, Cro. Jac. 366; 2 Black. Com. 405; 2 Kent. Com. 363, 364, where the civil law is stated differently by the learned Chancellor, page 364; Story’s Com. on Bailments, § 40; Lupton v.

IBM Credit Corp. v. City of Bath

665 A.2d 663 · Supreme Judicial Court of Maine · Sep 21, 1995

Central Maine Power Co. v. Town of Moscow, 649 A.2d 320, 324 (Me.1994) (citations omitted). … Shawmut Inn v. Town of Kennebunkport, 428 A.2d 384, 389-90 (Me.1981).

Portland Firefighters Ass'n, Local 740 International Association of Firefighters v. City of Portland

478 A.2d 297 · Supreme Judicial Court of Maine · Jul 10, 1984

The Board’s findings are not clearly erroneous. Sanford Highway Unit of Local 481 v. Town of Sanford, 411 A.2d 1010 (Me.1980). … The Board’s factual findings are supported by the record, and we accord “considerable deference” to the Board’s construction of the statute. State v. Maine Labor Relations Board, 413 A.2d 510, 514 (Me.1980).

Power v. Town of Shapleigh

606 A.2d 1048 · Supreme Judicial Court of Maine · Apr 15, 1992

To prevail on appeal, the Powers must show that the record before the Board compels a contrary finding. See Grant’s Farm Associates, Inc. v. Town of Kittery, 554 A.2d at 801 (citing Luce Co. v. … Hoefler, 464 A.2d 213, 215 (Me.1983)); see also Fichter v. Board of Environ. Prot., 604 A.2d 433, 438 (Me.1992).

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.

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.