Case law

Richardson v. Winthrop School Department

983 A.2d 400 · Supreme Judicial Court of Maine · Nov 12, 2009

Bisbing v. Me. Med. … Burke v.

Bennett v. Lovell

Superior Court of Maine · Aug 25, 2014

I have read Brown Development Corporation v. Hemond, 2008 ME 146, 956 A.2d 104 which was cited by the plaintiff and Rogers v. Jackson, 2002 ME 140, 804 A.2d 379. … While I find much merit inJustice Alexander's dissent in Brown, at <][20, the majority opinion suggests that the motion for summary judgment must be denied. Also see Paine v.

Porter v. Town of Falmouth

Superior Court of Maine · Sep 27, 2021

The court may not substitute its judgment for that of the Board. Tarason v. Town of South Berwick, 2005 ME 30, 16, 868 A.2d 230. … Kurlanski v.

Mason v. Town of New Gloucester

Superior Court of Maine · Jul 19, 2021

Beal v. Town ofStockton Springs, 2017 ME 6, ,i 13, 153 A3d 768. The Plaintiffs bear the burden of persuasion on appeal because they seek to vacate the Planning Board's decision. Fitanides v. … Oeste v. Town ofCamden, 534 A.2d 683,684 (Me. 1987). A planning board cannot make a zoning determination when the ordinance vests that authority in the CEO. Noyes v.

Garmong v. Henderson

112 Me. 383 · Supreme Judicial Court of Maine · Dec 3, 1914

Bean v. Ayer, 67 Maine, 282; Brown v. Starbird, 98 Maine, 292. The pleader attempted to aver a promise to marry and a breach, but failed. The language of the Court in Bean v. Ayers, supra, is peculiarly apposite. … Hook v. George, 108 Mass., 324 ; Graham v. Martin, 64 Ind., 567 ; Burks v. Shain, 2 Bibb., 341; Clement v. Moore, 11 Ala., 35 ; 5 Cyc., 1008; 3 Ency. Pl. & Pr., page 688.

Morrison v. Clark

89 Me. 103 · Supreme Judicial Court of Maine · Apr 7, 1896

Atkins v. Bordman, 2 Met. 457 ; Johnson v. Kinnicutt, 2 Cush. 153 ; Brown v. Meady, 10 Maine, 391; Washburn on Eas. 285. … Clark v. Parker, 106 Mass. 557 ; Crippin v. Morss, 49 N. Y. 67 ; Marsh v. Trumbull, 28 Conn. 183; Merrill v. Berkshire, 11 Pick. 274 ; Washb. on Eas. p. 46. In Crippin v.

State v. Stevens

510 A.2d 1070 · Supreme Judicial Court of Maine · Jun 23, 1986

. § 3151 (1964); State v. Rundlett, 391 A.2d 815, 817 (Me.1978). In addition, the court pointed to the comment to section 253, gross sexual misconduct, which refers to the victims of rape as female. … Anderson v. Cape Elizabeth School Board, 472 A.2d 419, 421 (Me.1984).

Masse v. Wing

129 Me. 33 · Supreme Judicial Court of Maine · Mar 7, 1930

To prove that plaintiff was standing on the left running-board of the automobile, removing freezing mist from the windshield, w'hen the truck struck him, and carried him for a distance of seventy-five feet, plaintiff gave … Ferron v. King, 210 Mass., 75 . Discretion does not appear to have been exercised wrongly. An excepting party, to have his exceptions sustained, must show himself aggrieved. Davis v. Alexander, 99 Me., 10.

Town of Lee v. Town of Lincoln

351 A.2d 554 · Supreme Judicial Court of Maine · Feb 6, 1976

Up until 1933 the academy was a private, nonstock corporation governed by a' board of trustees. … Bowditch v. Attorney General, 241 Mass. 168 , 134 N.E. 796 (1922) ; Pennsylvania Co. for Banking & Trusts v. Board of Governors of London Hospital et al., 79 R.I. 74 , 83 A.2d 881 (1951).

Augusta Water District v. Inhabitants of Readfield

349 A.2d 768 · Supreme Judicial Court of Maine · Jan 2, 1976

(If the municipality has a comprehensive plan — as Readfield did not —approval of the Planning Board is also required.) … Frank v. Assessors of Skowhegan, Me., 329 A.2d 167 (1974).

Vallee v. Lachapelle

725 F. Supp. 631 · District Court, D. Maine · Dec 1, 1989

Hartford Financial Systems, Inc. v. Florida Software Services, Inc., 550 F.Supp. 1079, 1086 (D.C.Me.1982); Genesco, Inc. v. T. Kakiuchi & Co., 815 F.2d 840 (2d Cir.1987). … Prescott, 106 Me. 401, 407 , 76 A. 898 (1910), see also, Perkins v.

Boucher v. Maine Employment Security Commission

464 A.2d 171 · Supreme Judicial Court of Maine · Aug 8, 1983

Unemployment Compensation Board of Review, 35 Pa.Cmwlth. 647, 650 , 387 A.2d 510, 511 (1978) (general rule is that when one accepts job, he admits suitability of that job). … Johns-Manville Products Corp. v. Board of Review, 122 N.J.Super. 366, 370 , 300 A.2d 572, 575 (1973); see Therrien v.

Libby v. Woodman Potato Co.

135 Me. 305 · Supreme Judicial Court of Maine · Dec 21, 1937

Brown v. Reed, 81 Me., 158, 163, 16 A., 504 . … Philbrick v. Kendall, 111 Me., 198, 203, 88 A., 540 . On this record, however, damages are limited to the failure of the crop planted with the ten-ton lot of fertilizer.

Dineen v. Town of Kittery

639 A.2d 101 · Supreme Judicial Court of Maine · Feb 15, 1994

See Irwin Marine, Inc. v. Blizzard, Inc., 126 N.H. 271 , 490 A.2d 786, 789 (1985). See also Para/Medical Supplies, Inc. v. … Fichter v. Board of Envtl. Protection, 604 A.2d 433, 436-37 (Me.1992).

Kennard v. Burton

25 Me. 39 · Supreme Judicial Court of Maine · Apr 15, 1845

Flower v. Adams, 2 Taunt. 314 ; Marriott v. Stanley, 1 Man. & Gran. 568 ; Smith v. Smith, 2 Pick. 621 ; Marlow v. Mumislon, 6 Cow. 191 . … Lack v. Seward, 4 C. & P. 706; Lux ford v. Large, 5 C. & P. 421 ; Sills v. Brown, 9 C. & P. 601 ; Raisin v. Mitchell, Id, 613 ; Vennall v. Garner, 1 Crom. & Mee, 21 ; Rathbun v.

Bragdon v. Drew

658 A.2d 666 · Supreme Judicial Court of Maine · May 25, 1995

They argue that Hovey v. Hobson, 53 Me. 451 (1866) (“Hovey I”) and Hovey v. Hobson, 55 Me. 256 (1867) (“Hovey II”), and the Restatement (Second) of Contracts support their contentions. We agree. … Ireland v. White, 102 Me. 233, 237 , 66 A. 477 (1906).

Hobart v. Hagget

12 Me. 67 · Supreme Judicial Court of Maine · Apr 15, 1835

The case of Higginson v. York, 5 Mass. 341 , was still stronger than either of those above supposed. … Basely v. Clarkson, 3 Lev. 37.

Larrabee v. Rideout

45 Me. 193 · Supreme Judicial Court of Maine · Jul 1, 1858

Brown v. Bulkely & al., 11 Cush. 169 . A discontinuance of a suit is similar to a nonsuit. It happens by reason of the plaintiff’s fault, lapse or neglect. … Price v. Parker, 1 Salk. 178; Greene v. Monmouth, 7 Mass. 467 ; Haskell v. Whitney, 12 Mass. 47 and Rand’s notes; Bridge v. Sumner, 1 Pick. 371 ; 2 Johns. 181, 191 ; 3 Greenl. Ev. § 263.

State v. Latham

115 Me. 176 · Supreme Judicial Court of Maine · Sep 9, 1916

As was said by the court in Wyeth v. Board of Health, 200 Mass., 474 , — “no other interference of the public to the detriment of an individual is permissible.” … State v. Mitchell, supra; Pearsons v. Portland, 69 Maine, 278; State v. Furbush, 72 Maine, 493; State v. Montgomery, 94 Maine, 192; Yick Wo v. Hopkins, 118 U. S., 356 ; Strander v. West Virginia, 100 U.

Bradbury Memorial Nursing Home v. Tall Pines Manor Associates

485 A.2d 634 · Supreme Judicial Court of Maine · Dec 18, 1984

See Williams v. … See also Lundrigan v. Maine Labor Relations Board, 482 A.2d 834 (Me.1984); Council 74, AFSCME v. Maine State Employees Association, 476 A.2d 699, 703 (Me.1984).