Case law

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  • Atlantic & St. Lawrence R. R. v. Cumberland County Comm'rs

    51 Me. 36 · Supreme Judicial Court of Maine · Jul 1, 1863

    The necessity of notice to those adversely interested is recognized as indispensable in Brown v. Lowell, 8 Met., 172 . Field v. Vt. & Mass. R. R., 4 Cush., 150 . … Brown v. Lowell, 8 Met., 172 ; Porter v. Co. Commissioners of Norfolk, 13 Met., 479 ; Com. v. Blue Hill Turnpike, 5 Mass., 420 ; Com. v. West Boston Bridge, 13 Pick., 195 .

    Cited 1 timesPublished
  • State v. Barrett

    256 A.2d 666 · Supreme Judicial Court of Maine · Sep 5, 1969

    From State v. Furlong, 19 Me. 225 , 228 and State v. … Willey and Smith went to get one Brown with his car and Willey and Barrett carried the set to Brown’s car which, with Willey, Smith and Barrett as passengers, transported it to the home of one Wing.

    Cited 14 timesPublished
  • Moore v. Canal National Bank

    409 A.2d 679 · Supreme Judicial Court of Maine · Dec 31, 1979

    Lauletta v. Valley Buick, Inc., 421 F.Supp. 1036, 1040 (W.D.Pa., 1976) Accord, Gennuso v. Commercial Bank & Trust Co., 566 F.2d 437, 443 (3d Cir. 1977). … Bone v. Hibernia Bank, 493 F.2d 135, 139 (9th Cir. 1974).

    Cited 3 timesPublished
  • Shafmaster v. Town of Kittery

    469 A.2d 848 · Supreme Judicial Court of Maine · Jan 9, 1984

    Relying on this Board member’s testimony and rejecting Huminick’s, the Superior Court justice found that Huminick had deceived the Planning Board. … We do not discuss whether Shafmas-ter should have been required to exhaust his administrative remedies in that body as in Gagne v. Lewiston Crushed Stone Company, 367 A.2d 613 (Me.1976).

    Cited 2 timesPublished
  • Bog Lake Co. v. Town of Northfield

    942 A.2d 700 · Supreme Judicial Court of Maine · Feb 28, 2008

    After conducting a public hearing, the planning board recommended that Bog Lake Company’s request be denied. The planning board did not have the final say, however. … Hopkins v.

    Cited 25 timesPublished
  • Lister v. Roland's Service, Inc.

    690 A.2d 491 · Supreme Judicial Court of Maine · Feb 12, 1997

    Rutter v. Allstate Auto. Ins. Co., 655 A.2d 1258, 1259-60 (Me.1995); Danforth v. L.L. Bean, Inc., 624 A.2d 1231, 1232 (Me.1993); Dobson v. Quinn Freight Lines, Inc., 415 A.2d 814, 816 (Me.1980). … Dumond v. Aroostook Van Lines, 670 A.2d 939 , 941 n. 1 (Me.1996); Marchand v. Eastern Welding Co., 641 A.2d 190, 191, n. 1 (Me.1994). .

    Cited 1 timesPublished
  • Farley v. Town of Washburn

    704 A.2d 347 · Supreme Judicial Court of Maine · Nov 10, 1997

    Lovejoy v. Grant, 434 A.2d 45, 50 (Me.1981) (quoting Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701, 2709 , 33 L.Ed.2d 548 (1972)). … Hammond v.

    Cited 16 timesPublished
  • Inhabitants of Garland v. Inhabitants of Brewer

    3 Me. 197 · Supreme Judicial Court of Maine · Jun 15, 1824

    . *199 In the case of Westminster v. Barnardston 8 Mass. 104 , the notification was signed by one of the overseers with the addition that he signed by order of the board of overseers, and it was held sufficient. … This is a declaration on his part, that the notification thus signed is an official act of the board of overseers. The Court receives the notice and considers it tobe what it purports to be.

    Cited 0 timesPublished
  • Allen v. Bicknell

    36 Me. 436 · Supreme Judicial Court of Maine · Jul 1, 1853

    Brown v. Cram, 1 N. H. 169. … Plumer v. Brown, 8 Met. 578 . So if a ferryman wrongfully put the horses of a passenger out of a boat, without further intent, it may be a trespass, but it is not a conversion. Fouldes v. Willoughby, 8 M. & S. 340.

    Cited 1 timesPublished
  • Wayne R. Jortner et al. v. Secretary of State

    293 A.3d 405 · Supreme Judicial Court of Maine · Apr 10, 2023

    Allen v. … P. 80C); Maquoit Bay, LLC v.

    Cited 1 timesPublished
  • Prescott v. Prudential Insurance

    729 F. Supp. 2d 357 · District Court, D. Maine · Jul 27, 2010

    See Kaiser v. At the Beach, Inc., 2009 WL 4506152 , at *6, 2009 U.S. Dist. LEXIS 109362 , at *18-19 (N.D.Okla. Nov. 24, 2009) (citing Brown v. Dunbar, 189 F.2d 871, 874 (2d Cir.1951)); see also Prickett v. … Brown v. Am. Honda (In re New Motor Vehicles Canadian Exp. Antitrust Litig.), 522 F.3d 6, 26 (1st Cir.2008).

    Cited 32 timesPublished
  • Dionne v. Libby-Owens Ford Co.

    565 A.2d 657 · Supreme Judicial Court of Maine · Oct 13, 1989

    In Liberty Mutual Insurance Co. v. … To the extent that it is inconsistent with our holding in the present case, we overrule Mullen v. Brown Homes, Inc., 358 A.2d 557 (Me.1976). The entry is: The decision of the Appellate Division is vacated.

    Cited 3 timesPublished
  • Millay v. Butts

    35 Me. 139 · Supreme Judicial Court of Maine · Jul 1, 1853

    Brown v. Ware, 25 Maine, 411. The requested instructions might have been legal and appropriate, if there had been testimony in the case, to which they could have been applicable.

    Cited 2 timesPublished
  • Dubois v. Madison Paper Co.

    795 A.2d 696 · Supreme Judicial Court of Maine · Jan 4, 2002

    We defined the clear and convincing standard in Taylor v. … See Mathieu v. Bath Iron Works, 667 A.2d 862, 864 (Me.1995).

    Cited 8 timesPublished
  • United States v. Kaplan

    327 F. Supp. 1086 · District Court, D. Maine · Jun 11, 1971

    United States, 247 F.2d 615, 619 (4th Cir. 1957); the courts are not to act as “super draft boards,” Witmer v. … Furthermore, the record discloses no basis for assuming that the Board relied upon defendant’s demeanor or appearance in rejecting his claim. Cf. United States v. Prince, supra 310 F.Supp. at 1166; United States v. St.

    Cited 1 timesPublished
  • Mills v. Travelers Insurance Co.

    567 A.2d 446 · Supreme Judicial Court of Maine · Dec 13, 1989

    Brown v. Palmer Construction Co., 295 A.2d 263, 265 (Me.1972); see also Scott’s Case, 117 Me. 436, 444 , 104 A. 794, 797 (1918). … Brown v. Travelers Insurance Co., 434 Pa. 507 , 254 A.2d 27, 30 (1969).

    Cited 3 timesPublished
  • Bourisk v. Derry Lumber Co.

    130 Me. 376 · Supreme Judicial Court of Maine · Oct 13, 1931

    Lambert v. Breton, supra; Williams v. Powell, 101 Mass., 467 ; Walsh v. Brown, 194 Mass., 317 ; Morrin, v. Manning, 205 Mass., 205 ; Chetteville v. Grant, 212 Mass., 17 . By his unlawful act, he became a trespasser. … Davis v. Stone, 120 Mass., 228 ; Cutter v. Howe, 122 Mass., 541 .

    Cited 6 timesPublished
  • Bond v. Bond

    17 A.3d 1219 · Supreme Judicial Court of Maine · May 5, 2011

    See Wandishin v. Wandishin, 2009 ME 73, ¶ 12 , 976 A.2d 949, 953 ; Hedges v. Pitcher, 2008 ME 55, ¶ 20 , 942 A.2d 1217, 1223 . We review the court’s distribution of the property for an abuse of discretion. See Carter v. … See Brown v. Brown, 2007 ME 89, ¶ 16 , 929 A.2d 476, 481 . Clear error exists when a finding is unsupported by any competent evidence in the record. Hedges, 2008 ME 55, ¶ 20 , 942 A.2d at 1223 .

    Cited 11 timesPublished
  • Leake v. Town of Kittery

    874 A.2d 394 · Supreme Judicial Court of Maine · Jun 8, 2005

    Tarason v. Town of S. Berwick, 2005 ME 30, ¶6 , 868 A.2d 230, 232 . “The meaning of terms or expressions in a zoning ordinance is a question of law for the court.” Two Lights Lobster Shack v. … Herrick v. Town of Mechanic Falls, 673 A.2d 1348, 1349 (Me.1996). “A zoning board of appeals has discretion in determining whether an activity is within the scope of a permitted, nonconforming use.” Id.

    Cited 4 timesPublished
  • Paisley Park Enters., Inc. v. Boxill

    361 F. Supp. 3d 869 · District Court, D. Maine · Feb 22, 2019

    Ashcroft v. … Plaintiffs' third amended complaint, (Dkt. 262), is DISMISSED WITHOUT PREJUDICE with respect to Defendant Brown & Rosen, LLC. 4.

    Cited 36 timesPublished

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