Case law

Richter v. Ercolini

994 A.2d 404 · Supreme Judicial Court of Maine · May 11, 2010

Browne, 2001 ME 182, ¶¶ 6, 8 , 788 A.2d 168, 170 (same). … Hamby v.

Bond v. Town of Windham

Superior Court of Maine · Jan 4, 2016

BOND, Plaintiff V. … Commerce Bank & Trust Co. v. Dworman, 2004 ME 142, <]I 8, 861 A.2d 662.

Horton v. Town of Casco

Superior Court of Maine · Aug 16, 2012

Camp v. Town of Shapleigh, 200S ME 53, 'IT 9, 943 A.2d 595 (quoting McGhie v. Town of Cutler, 2002 ME 62, 9I 5, 793 A.2d 504). … Asso. v. Naples, 486 A.2d 91, 95 (Me. 1984) (requiring the split of an appeal regarding zoning issues to the zoning board and subdivision issues to the Superior Court).

Depositors Trust Co. v. Bruneau

144 Me. 142 · Supreme Judicial Court of Maine · Apr 29, 1949

Davis v. Bangor, 101 Me. 311 ; 64 A. 617 ; Keeley v. Portland, 100 Maine, 260, 61 A. 180 . The action of municipal officers, as such judicial board, must be taken with formality and entered of record. … Parol evidence cannot supply a record, and parol evidence is inadmissible to prove the action of the board, unless the record is incomplete, incorrect, or lost. Kidson v. Bangor, 99 Maine, 139, 147; 58 A. 900 .”

New England Telephone & Telegraph Co. v. Public Utilities Commission

448 A.2d 272 · Supreme Judicial Court of Maine · Jul 6, 1982

Co. v. New England Tel. & Tel. … In Public Service Co. of New Mexico v.

Giberson v. Bangor & Aroostook Railroad

89 Me. 337 · Supreme Judicial Court of Maine · Nov 28, 1896

Chase v. Railroad, 78 Maine, 34; Allen v. Railroad, 82 Maine, 111; Smith v. Railroad, 87 Maine, 339; Romeo v. Railroad, 87 Maine, 640. The opinions of the court in Hooper v. Railroad, 81 Maine, 260, and in York v. … Hiding on the sled with him were two other men sitting opposite each other on the side boards just behind Mr. Giberson, who was sitting on the cross-seat.

Bassett v. The Inh. of the city of Biddeford

Superior Court of Maine · Jul 5, 2013

Sargent, Inc. v Town of Wells, 676 A.2d 920, 923 (Me. 1996). The burden of persuasion is born by the party seeking to vacate the agency's decision. Bizier v. Town of Turner, 2011 :ME 116, ~8, 32 A.3d 1048; Anderson v. … If, however, the Board acted only in an appellate capacity, we review directly the decision of the Planning Board, or other previous tribunal, not the Board of Appeals. Stewart v.

Trattner v. Maine Public Employees Retirement System

Superior Court of Maine · Jan 7, 2016

Anderson v. Me. Pub. Emps. Ret. Sys., 2009 ME 134, ~ 4, 985 A.2d 501 ; 5 M.R.S. § 17921(1)(A)-(B) (2014); Douglas v. Ed. ofTrs., 669 A.2d 177, 179 (Me . 1996). … Combined Effects The court finds that the Board did consider the combined effects of petitioner's hearing and vision loss. In Hale-Rice v. Me . State Ret.

Wandishin v. Wandishin

976 A.2d 949 · Supreme Judicial Court of Maine · Jul 21, 2009

See Brown v. Habrle, 2008 ME 17, ¶ 10 , 940 A.2d 1091, 1094 ; Rinehart v. Schubel, 2002 ME 53, ¶ 9 , 794 A.2d 73, 76 . … Jarvis v.

Rodick v. Pineo

120 Me. 160 · Supreme Judicial Court of Maine · Apr 5, 1921

Ordway v. Colcord, 14 Allen, 59 ; Talbot v. Bank, 129 Mass., 67 . But this canon need not be employed to support decision. A trustee is not chargeable with interest as a matter of right. … Agreeably to stipulation of the parties in reporting this case, upon the filing of rescript herein, in case number 4844, Fountain Rodick v. Flora Pineo, and in case number 4955, Fountain Rodick v. Charles B.

Watts v. Maine Bd. of Envtl. Protection

Superior Court of Maine · Oct 4, 2013

First, the Court is not convinced that this argument has been preserved, as it does not appear to have been presented to the Board. See New Eng. Whitewater Ctr., Inc. v. … Warren Co. v. Board if Environmental Protection, 2005 ME 27, 868 A.2d 210, for this proposition.

State v. Clark

591 A.2d 462 · Supreme Judicial Court of Maine · May 13, 1991

The complainant’s sister had an apartment in the same building and defendant, a thirty-three-year-old male, boarded at that apartment. … See State v. Michaud, 590 A.2d 538 (Me.1991).

Montgomery v. Eaton Peabody, LLP

Superior Court of Maine · Mar 24, 2015

Because the 10 I 31 I 05 remand by the Board of Appeals was not a final judgment, no appeal was possible. See Bruesewitz v. Grant, 2007 ME 13, t]I 5, 912 A.2d 1255, 1257; see also Aubry v. … Accordingly, the plaintiffs did not suffer a particularized injury as a result of the decision of the Board. See Witham Family Ltd. P'ship v. Town of Bar Harbor, 2011 ME 104, <n: 7, 30 A.3d 811; Brooks v.

Campbell v. City of South Portland

Superior Court of Maine · Aug 27, 2014

Jordan v. City of Ellsworth, 2003 ME 82 1 8, 828 A.2d 768, 771. On factual issues the court may not substitute its judgment for that of the board. … Just because a different conclusion could be drawn from the record does not justify overturning the board's decision if there is evidence in the record that could support the board's determination. Twigg v.

Powell v. James Newspaper, Inc.

400 A.2d 362 · Supreme Judicial Court of Maine · Apr 18, 1979

Gagnon v. … But see Hall v. Cole, 412 U.S. 1, 5 , 93 S.Ct. 1943 , 36 L.Ed.2d 702, 707 (1973).

Esanbock v. Weyerhaeuser Co.

367 F. Supp. 3d 925 · District Court, D. Maine · Jan 2, 2019

Minnesota School Boards Ass'n. Ins. v. Employers Ins. of Wausau, 331 F.3d 579 , 582 (8th Cir. 2003). … v.

Graffam v. Town of Harpswell

250 F. Supp. 2d 1 · District Court, D. Maine · Mar 26, 2003

Patsy v. Board of Regents of the State of Florida, 457 U.S. 496, 516 , 102 S.Ct. 2557 , 73 L.Ed.2d 172 (1982). … A federal court, after all, “should not ... sit as a zoning board of appeals.” Id. at 833 (quotation marks in original; quoting Village of Belle Terre v.

Great Northern Nekoosa Corp. v. State Tax Assessor

540 A.2d 770 · Supreme Judicial Court of Maine · Apr 26, 1988

Moyer v. Board of Zoning Appeals, 233 A.2d 311, 317 (Me.1967).

Blanchette v. United States

102 F. Supp. 311 · District Court, D. Maine · Jan 24, 1952

On October 25, 1943, the Army Retiring Board found the insured was incapacitated for further military duty due to his physical condition and recommended his release from active service. … As was recently said by the District Court for the Eastern District of Tennessee in its opinion in the case of Hendricks v.

Union Safe Deposit & Trust Co. v. Dudley

104 Me. 297 · Supreme Judicial Court of Maine · Aug 6, 1908

Leigh v. Norbury, 13 Ves. 340; Tier v. Pennell, 1 Edw. Ch. 354 ; 2 Wash. R. P. 318; Re Corrie, 32 Beav. 426; Re Kavenaugh, 13 Jr. Ch. 120: Drake v. Drake, 134 N. Y. 220, 224 ; Soper v. Brown, 136 N. … As said in Soper v. Brown, supra: "There are many authorities on wills in which the word has been construed to mean children only.