Case law

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  • Rubackin v. Town of Winter Harbor

    Superior Court of Maine · Mar 4, 2009

    Camp v. Town of Shapleigh, 2008 ME 53, ~10, 943 A.2d 595, 598. The interpretation of a zoning ordinance presents a question of law to be reviewed de novo by this Court and, if appropriate, by the Law Court. Jade v. … Camp v. Town of Shapleigh, 2008 ME 53, ~ 9, 943 A.2d 595, 598 (quoting McGhie v. Town of Cutler, 2002 ME 62, ~ 5, 793 A.2d 504, 505).

    Cited 0 timesUnpublished
  • Franklin Bank v. Cooper

    36 Me. 179 · Supreme Judicial Court of Maine · Jul 1, 1853

    Armstrong v. United States, 1 Peters’ C. C. R. 46; United States v. Brown, Gilpin, 155. … In Maitby’s case, as stated by Lord Eldon in the case of Smith v. Bank of Scotland, 1 Dow. Parl.

    Cited 27 timesPublished
  • Global Tower Assets, LLC v. Town of Rome

    Superior Court of Maine · Sep 21, 2015

    Jones v. York, 444 A.2d 382, 384 (Me. 1982) (citation omitted). This doctrine is "neither a matter of absolute obligation on the one hand nor of mere courtesy and good will upon the other." Fitch v. … Planning Board's decision; 3) the Planning Board's decision was a final municipal action on Plaintiffs' wireless application; and 4) the Plaintiffs' allegations of procedural and substantive wrongdoings on the part of

    Cited 0 timesUnpublished
  • Piper v. Voorhees

    130 Me. 305 · Supreme Judicial Court of Maine · Jun 29, 1931

    Butler, 13 Conn., 309 ; South-West School District v. Williams, 48 Conn., 504 ; Brown v. Jefferson County, 16 Iowa, 339, 343 ; Lawrence v. Tennant, 64 N. H., 532, 543; McKinnon v. Bliss, 21 N. Y., 206, 218 ; Drury v. … Bethum v. Turner, supra ; Mayberry v. Standish, 56 Me., 342 ; Littlefield v. Hubbard, 124 Me., 299.

    Cited 17 timesPublished
  • Lutick v. Sileika

    137 Me. 30 · Supreme Judicial Court of Maine · Aug 6, 1940

    He was the plaintiff’s godfather, and cousin of her father, Joe Lutick, in whose home Ramaika boarded from 1910 until 1928, when he built and moved into a house on the lot of land that he had purchased, adjacent to Lutick … In Pelletier v. Deering, 131 Me., 462, at 468, 164 A., 195 , the court said: “There are, however, limitations upon the right to equitable relief in cases of this kind.

    Cited 1 timesPublished
  • Boucher v. Maine Workers' Compensation Bd.

    Superior Court of Maine · Dec 15, 2011

    Thacker v. Konover Dev. Corp., 2003 ME 30, I}[ 14, 818 A.2d 1013. … Dep't ofCorr. v. Pub. Utils. Comm'n, 2009 ME 40, 18, 968 A.2d 1047 (quoting Competitive Energy Servs. LLC v. Pub. Utils. Comm'n, 2003 ME 12, 1 15, 818 A.2d 1039).

    Cited 0 timesUnpublished
  • Costin v. Town of Kennebunk Bd. of Selectmen

    Superior Court of Maine · Oct 5, 2010

    COSTIN, Plaintiff v. ORDER TOWN OF KENNEBUNK BOARD OF SELECTMEN and BARRY A. … Cohen v. Ketchum, 344 A.2d at 393 n. 4, 394 n. 6. In this case, the Board's allegedly illegal appointment ended on June 30,2010 and this court cannot return the reallocated funds to the town treasury.

    Cited 0 timesUnpublished
  • Rovzar v. Chemical Sales & Service Co. (In Re Saco Local Development Corp.)

    30 B.R. 862 · United States Bankruptcy Court, D. Maine · May 26, 1983

    American National Bank & Trust Co. v. Bone, 333 F.2d 984 (8th Cir.1964); In re Smith, 205 F.Supp. 30, 32 (E.D.Pa.1962); see also Mann v. … Palmer Clay Products Co. v. Brown, 297 U.S. 227, 229 , 56 S.Ct. 450, 450-51 , 80 L.Ed. 655 (1936) (proceeding under Bankruptcy Act); Barash v. First Galesburg National Bank, 658 F.2d 504, 508-09 (7th Cir.1981).

    Cited 43 timesPublished
  • Sawyer v. Gilmore

    109 Me. 169 · Supreme Judicial Court of Maine · Jun 6, 1912

    Board v. Patten, 62 Mo., 444 -448. The Constitution of Alabama adopted in 1819 declared that the “general assembly shall direct, by law, in what manner and in what courts, suits may be brought against the State.” … In State v. Board of Co.

    Cited 34 timesPublished
  • Mullen v. Penobscot Log-Driving Co.

    90 Me. 555 · Supreme Judicial Court of Maine · Sep 20, 1897

    Parker v. Cutler Milldam Co., 20 Maine, 353; Lee v. Pembroke Iron Co., 57 Maine, 481; Treat v. Lord, 42 Maine, 560; Moor v. Veazie, 32 Maine, 343; Same case 31 Maine, 360; Veazie v. Moor, 14 How. (U. S.) 568; Brooks v. … Pearson v. Rolfe, 76 Maine, 380; Foster v. Searsport Spool-wood and Block Co., 79 Maine, 508; Stratton v. Currier, 81 Maine, 497.

    Cited 2 timesPublished
  • Favereau v. United States

    44 F. Supp. 2d 68 · District Court, D. Maine · Mar 18, 1999

    See Davila v. Weinberger, 600 F.Supp. 599 (D.D.C.1985); Brooks v. … Next, Plaintiffs rely on Brown v. United States, 631 F.Supp. 954, 957 (D.D.C.1986), and Saraco v.

    Cited 8 timesPublished
  • Allen v. Rae

    206 A.3d 902 · Supreme Judicial Court of Maine · Apr 11, 2019

    See Patane v. Brown, 2002 ME 47 , ¶¶ 11, 14, 792 A.2d 1086 . [¶9] The court's findings, based on competent evidence in the record, are sufficient to establish the elements of criminal mischief. 17-A M.R.S. § 806(1)(A). … Smith v.

    Cited 5 timesPublished
  • Seretto v. Rockland, South Thomaston & Owl's Head Railway

    101 Me. 140 · Supreme Judicial Court of Maine · Jan 26, 1906

    Jewett et al. v. Weston, 11 Maine, 346; Norris v. School District, 12 Maine, 293; Atkinson v. Brown, 20 Maine, 67 ; Andrews v. Portland, 35 Maine, 475. … Larmon v. Carpenter, 70 Ill. St. 549; Van Deusen v. Blum, 18 Pick. 229 ; Veazie v. Bangor, 51 Maine, 509; Allard v. Belfast, 40 Maine, 369; Mc Vicker v. Beedy, 31 Maine, 314; Portland v. Atlantic & St. Lawrence R.

    Cited 2 timesPublished
  • State of Maine v. Michael J. Siracusa Jr.

    160 A.3d 531 · Supreme Judicial Court of Maine · May 4, 2017

    See State v. … See State v. Brown, 571 A.2d 816, 818 (Me. 1990) (interpreting a firearm statute “as common sense requires it to be”); State v. Me. Cent.

    Cited 3 timesPublished
  • Kittredge v. McLaughlin

    38 Me. 513 · Supreme Judicial Court of Maine · Jul 1, 1854

    Pierce & al. v. Brown, 1 N. H. 179. The common law is founded in reason, and has been said to be “the perfection of reason.” Inst. 97, R. … In Waring v.

    Cited 0 timesPublished
  • Schultz v. McAfee

    160 F. Supp. 210 · District Court, D. Maine · Mar 20, 1958

    Yarborough v. Yarborough, 1933, 290 U.S. 202, 211 , 54 S.Ct. 181 , 78 L.Ed. 269 ; Mangene v. Diamond, 3 Cir., 1956, 229 F.2d 554 ; Price v. Greenway, 3 Cir., 1948, 167 F.2d 196 ; Finger v. … See Brown v. Heinen, D.C. Minn.1945, 61 F.Supp. 563, 564 , and cases cited.

    Cited 8 timesPublished
  • In re T.B.

    65 A.3d 1282 · Supreme Judicial Court of Maine · May 23, 2013

    Hatch v. Anderson, 2010 ME 94, ¶ 7, 4 A.3d 904; Danforth v. State Dep’t of Health & Welfare, 303 A.2d 794, 795, 800-01 (Me. 1973); cf. Lassiter v. … See In re Trever I., 2009 ME 59, ¶ 28, 973 A.2d 752; Bradshaw v. Bradshaw, 2005 ME 14, ¶ 10, 866 A.2d 839; see also State v.

    Cited 8 timesPublished
  • Kim Boivin v. Somatex, Inc.

    279 A.3d 393 · Supreme Judicial Court of Maine · Aug 9, 2022

    “[T]he question of duty is a legal question decided by the court,” Brown v. Delta Tau Delta, 2015 ME 75, ¶ 9, 118 A.3d 789, and “[t]he presence of injury or damage is . . . a question of fact,” Est. of Smith v. … See Polk v.

    Cited 13 timesPublished
  • State v. Lindsey

    400 A.2d 368 · Supreme Judicial Court of Maine · Apr 18, 1979

    Richardson’s camp then was boarded up and secured. Two days later Flowers observed two persons at the Richardson camp, beating against the door of the shed next to the principal building. … Cf State v. Mullen, 528 S.W.2d 517, 521 (Mo.App.1975). 2 .

    Cited 8 timesPublished
  • America v. Bd. of Dir. of Sunspray Condo. Ass'n

    Superior Court of Maine · Nov 15, 2011

    C7/tB- '/01('- tl/t5j")-o 11 VITORINO AMERICA, Individually And derivatively on behalf of SUNSPRAY CONDOMINIUM ASSOCIATION, Plaintiff v. … Ingraham v. University of Maine at Orono, 441 A.2d 691 (Me. 1982). The challenged election occurred on September 3, 2011. The by-laws require the next election to be held in July, 2012. Mr.

    Cited 0 timesUnpublished

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