Case law

Drake v. City of Portland

Superior Court of Maine · May 27, 2005

Charlton v. Town of Oxford, 2001 ME 104, 7 27, 774 A.2d 366, 375 (citing Brown v. Watson, 47 Me. 161, 162 (1859)). … The leading Maine decision on the meaning of special damage is Brown v. Watson. Simmons, Zillman & Gregory, Maine Tort Law § 14.03 at 424.

Whitehouse v. Cargill

88 Me. 479 · Supreme Judicial Court of Maine · Feb 15, 1896

Cushing v. Thompson, 34 Maine, 496; White v. Brown, 2 Cush. 412 ; Donnell v. … Donnell v. Donnell, supra; McIntire v. Plaisted, 68 Maine, 363; Cushing v. Thompson, 34 Maine, 496; White v. Brown, supra.

Linda Penkul v. Town of Lebanon

136 A.3d 88 · Supreme Judicial Court of Maine · Jan 21, 2016

See Aubry v. Town of Mount Desert, 2010 ME 111, ¶¶ 6-7, 10 A.3d 662. … Ram’s Head Partners, LLC, 2003 ME 131, ¶ 18, 834 A.2d 916 (requiring a town’s board of assessment review to “hold a new evidentiary 7 See Chase v.

Coe v. Persons Unknown

43 Me. 432 · Supreme Judicial Court of Maine · Jul 1, 1857

Blanchard v. Brooks, 12 Pick., 47 ; Brown v. Jackson, 3 Wheaton, 449 ; Adams v. Cuddy, 13 *437 Pick., 460 ; Allen v. Holton, 20 Pick., 458; Sweet v. Brown, 12 Met., 175 ; Pike v. Galvin, 29 Maine R., 183; Partridge v. … J., in Merrill v. Ireland, 40 Maine R., 569; Oliver v. Pratt, 3 Howard, 332 ; Clarke v. Strickland, 2 Curtis, C. C. U. S. Rep., 439.

Enos v. Town of Stetson

665 A.2d 678 · Supreme Judicial Court of Maine · Oct 13, 1995

Plummer Co. v. Town of Cape Elizabeth, 612 A.2d 856, 860 (Me.1992); LaBonta v. … See Baker v.

Inhabitants of Bethel v. Mason

55 Me. 501 · Supreme Judicial Court of Maine · Jul 1, 1867

Brown, who testified that " he was treasurer of Bethel in 1863. Mighill Mason accounted to me, as treasurer, for 15295,33. He settled with me, March 2, 1864. I asked him why he did not pay the balance. … This principle is enunciated in Kellar v. Savage, 20 Maine, 199, and Tremont v. Clark, 33 Maine, 482, to which -cases we refer as an answer to the defendants’ objections. Defendants defaulted. Appleton, C.

Guiggey v. Great Northern Paper, Inc.

704 A.2d 375 · Supreme Judicial Court of Maine · Dec 17, 1997

Bureau, 678 A.2d at 589-90 ; Bowie v. … Selk v.

Rocheleau v. Town of Greene

708 A.2d 660 · Supreme Judicial Court of Maine · Mar 25, 1998

After a site visit by the Board and a properly noticed hearing, the Board voted to deny the variance. The minutes from the hearing reflect that the Board cited our decision in Bishop v. … Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (Me.1995).

Ballard v. Child

46 Me. 152 · Supreme Judicial Court of Maine · Jul 1, 1858

In Allen v. … Hurd v. Cushing & al., 7 Pick. 169 ; Blanchard v. Brooks, 12 Pick. *154 47 ; Adams v. Cuddy, 13 Pick. 460 ; Brown v. Jackson, 3 Wheaton, 449 ; Coe v. persons unknown, 43 Maine, 432. Judgment for the defendant.

Friends of the Motherhouse v. City of Portland

152 A.3d 159 · Supreme Judicial Court of Maine · Dec 8, 2016

FACTS AND PROCEDURE [¶ 2] Although the facts, drawn from the summary judgment record, are taken in the light most favorable to Friends, see Sullivan v. … Remmel v. City of Portland, 2014 ME 114, ¶ 11 , 102 A.3d 1168 (quotation marks omitted).

Kosalka v. Town of Georgetown

752 A.2d 183 · Supreme Judicial Court of Maine · Jun 1, 2000

Waterville Hotel Corp. v. Board of Zoning Appeals, 241 A.2d 50, 53 (Me.1968); see also Cope v. … Shoe Co. v.

Franklin Bank v. Blossom

23 Me. 546 · Supreme Judicial Court of Maine · May 15, 1844

Crehore v. Gibson, 5 Pick. 146 . … White v. Bond, 16 Mass. R. 400 .

McCallum v. City of Biddeford

551 A.2d 452 · Supreme Judicial Court of Maine · Dec 13, 1988

Serpico, an abutting landowner, filed an appeal to the Board from the issuance of the building permit. … Maine Real Estate Comm’n v. Kelby, 360 A.2d 528, 531 (Me.1976). Similarly, we reject plaintiffs’ argument that the record fails to support the Board’s finding of good cause.

Hooper v. Hobson

57 Me. 273 · Supreme Judicial Court of Maine · Jul 1, 1869

Smith, 2 Fairfield, 278; Brown v.Chadbourne, 31 Maine, 9; and Treat v. Lord, 42 Maine, 552; but there is no occasion for it here and now. … S. of 1857, would seem to imply that where no actual damage is inflicted in so doing, 110 action would lie; and that, we think, is the true extent and meaning of the dictum in Brown v.

Soucy v. BD. OF TRUSTEES OF STATE RET. SYSTEM

456 A.2d 1279 · Supreme Judicial Court of Maine · Mar 8, 1983

See Mundy v. Simmons, 424 A.2d 135, 137 (Me.1980); New England Tel. & Tel. Co. v. Public Utilities Commission, 376 A.2d 448, 453 (Me.1977); Finks v. Maine State Highway Commission, 328 A.2d 791, 797 (Me.1974). … See, e.g., Betts v. Board of Administration of the Public Employees’ Retirement System, 21 Cal.3d 859 , 148 Cal.Rptr. 158 , 582 P.2d 614 (1978).

Blanchard v. Department of Transportation

798 A.2d 1119 · Supreme Judicial Court of Maine · Jun 20, 2002

Brown v. Warchalowski, 471 A.2d 1026, 1033 (Me.1984). Findings of fact by the trial court that are essential to answering this question of law will be set aside on appeal only if clearly erroneous. Sturtevant v. … Brown v. Gerald, 100 Me. 351, 372 , 61 A. 785, 794 (1905). The public has to be able to be served by the use as a matter of right, not as a matter of grace of any private party. Id.

Lydon v. Sprinkler Services

841 A.2d 793 · Supreme Judicial Court of Maine · Feb 12, 2004

See Jordan v. Sears, Roebuck & Co., 651 A.2d 358, 360 (Me.1994). … To the extent that it was intended as a substantive change, however, it contradicts the language of the statute and therefore exceeds the authority of the Board. See Beaulieu v. Me. Med.

O'NEAL v. City of Augusta

1998 Me. 48 · Supreme Judicial Court of Maine · Mar 9, 1998

See Tripp v. … We granted the petition and summarily vacated the earlier Board’s decision in accordance with Beaulieu v. Maine Med. Ctr., 675 A.2d 110 (Me.1996). This appeal arises from the Board's decision on remand. 2 .

United States v. Whalen

226 F. Supp. 617 · District Court, D. Maine · Feb 17, 1964

. *619 1952); Brown v. Pan Oceanica Shipping Corp., Panama, 182 F.Supp. 730 (D.Md.1960). The following cases cited by-Pratt are inapposite here, since none of them involved a Jones Act election. Baun v. … “(W)hen an injured seaman recovers full damages in an action for indemnity based upon unseaworthiness and negligence in which he has claimed loss of wages including the value of the board and lodging which form part thereof

Curtis v. National Sea Products

657 A.2d 320 · Supreme Judicial Court of Maine · Apr 7, 1995

Decisions of the Board interpreting the Workers’ Compensation Act are “entitled to great deference and will be upheld on appeal unless the statute plainly compels a different result.” Nielsen v. … The entry is: Decisions of the Workers’ Compensation Board affirmed. All concurring. 1 . Initially we stayed their petitions pending our decision in Riley v. Bath Iron Works, 639 A.2d 626, 627 (Me.1994).