Case law

Damon v. Inhabs of the Town of St. George

Superior Court of Maine · Jan 20, 2005

Yates v. Town of Southwest Harbor, 2001 ME 2, 910, 763 A.2d 1168, 1171 (citing Sproul v. Town of Boothbay Harbor, 2000 ME 30, 7 8, 746 A.2d 368, 372). … The court is not permitted to “make findings independent of those explicitly or implicitly found by the board or [to] substitute its judgment for that of the board.” Perrin v.

Zahares v. Town of Old Orchard Beach

Superior Court of Maine · Dec 1, 2009

Juliano v. Town of Poland, 1999 ME 42, <j[ 7, 725 A.2d 545, 548 (quoting Wright v. Town of Kennebunkport, 1998 ME 184, <j[ 8, 715 A.2d 162, 165)- (quotations omitted); see Upjohn Co. v. … Mills v. Town of Eliot, 2008 ME 134, err 5, 955 A.2d 258, 261. This Court may not substitute its own "judgment for that of the Board." York v.

State v. Blakesley

989 A.2d 746 · Supreme Judicial Court of Maine · Mar 11, 2010

See United States v. … United States v.

Rogers v. Town of Old Orchard Beach

Superior Court of Maine · May 14, 2007

In order to appeal a local board's decision, the appellant must "have appeared before the board of appeals" and "be able to demonstrate a particularized injury as a result of the board's action." Sproul v. … The party appealing a board's decision bears the burden of persuasion. Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (Me. 1996).

Tomhegan Camp Owners Ass'n v. Murphy

2000 Me. 28 · Supreme Judicial Court of Maine · Feb 16, 2000

Partnership v. Town of Kittery, 663 A.2d 59, 61 (Me.1995), which is met when the case directly affects the party’s property, pecuniary, or personal rights, see New England Herald Dev. Group v. … Gulick v. Board of Envtl. Protection, 452 A.2d 1202 , 1202-03 n. 1 (Me.1982) (requiring statutory authorization before an entity has the capacity to sue).

Neely v. Havana Electric Railway Co.

136 Me. 352 · Supreme Judicial Court of Maine · Jan 8, 1940

Saunders v. Weston, 74 Me., 85; Brown v. Smith, 101 Me., 545, 64 A., 915 . We do not understand that defendant’s counsel contend otherwise. … Murray v. East India Co., 5 B. & Ald., 204; Root v. Lathrop, 81 Conn., 169 , 70 A., 614 ; Clark v. Amoskeag Manufacturing Co., 62 N. H., 612; Riner v.

Sargent v. Coolidge

399 A.2d 1333 · Supreme Judicial Court of Maine · Apr 4, 1979

Shaw v. Merrill, 131 Me. 441 , 163 A. 792 (1933); Hooper v. Leavitt, 109 Me. 70 , 82 A. 547 (1912); Wyman v. Brown, 50 Me. 139 (1863). See also Goodwin v. Hubbard, 15 Mass. 210 (1818). … Wyman v. Brown, 50 Me. 139 (1863). Since Mrs. Coolidge at the time of her death had already conveyed away the lands described in her deed to the Spates, her will did not affect the property in any manner whatsoever.

Normand v. Baxter State Park Authority

509 A.2d 640 · Supreme Judicial Court of Maine · May 6, 1986

See Gulick v. Board of Environmental Protection, 452 A.2d 1201 , 1209 n. 6 (Me.1982). Nonetheless, we come to the same conclusion as the Superior Court. … See Spickler v. Flynn, 494 A.2d 1369, 1373 (Me.1985) (per curiam); Hossler v.

State of Maine v. Dobbins

Superior Court of Maine · May 24, 2017

State v. Higgins, 2002 ME 77; citing Illinois v. Gates, 562 US 213. … Red brown staining was found in the interior of the pickup.

Garvey v. Town of Wells

Superior Court of Maine · Jun 2, 2006

When the Board reviews a disputed tax assessment, it presumes that the Assessor's valuation of the property is valid. Yusem v. Town of Raymond, 2001 ME 61, ¶ 8, 769 A.2d 865, 869-.70. … State Highway Comm'n, 283 A.2d 655, 658 (Me. 1971), a property owner's opinion as to the fair market value of her property is also competent evidence to be consiclered by the Board. Landry v.

Laughlin v. Reed

89 Me. 226 · Supreme Judicial Court of Maine · May 22, 1896

Yeatman v. Sav. Inst. 95 U. S., 764 ; Newbert v. Fletcher, 84 Maine, 408; Hutchinson v. Murchie, 74 Maine, 187. … Weston v. Dorr, 25 Maine, 176; Grower v. Stevens, 19 Maine, 92; Wentworth v. Sawyer, 76 Maine, 434; Brown v. Howard, 86 Maine, 342.

Leymis V. v. Whitaker

355 F. Supp. 3d 779 · District Court, D. Maine · Nov 21, 2018

See Ramirez v. Brown , 852 F.3d 954 , 960 (9th Cir. 2017) (analyzing the use of the term "nonimmigrant" under the immigration laws). … See, e.g., Gomez v.

Magnetic Resonance Technologies of Maine Ltd. Partnership v. Commissioner, Maine Department of Human Services

652 A.2d 655 · Supreme Judicial Court of Maine · Jan 19, 1995

Foley v. Adam, 638 A.2d 718, 719 (Me.1994); Dawson v. Lussier, 632 A.2d 128, 129 (Me.1993). … Wood v. Superintendent of Insurance, 638 A.2d 67, 70 (Me.1994); International Paper Co. v. Board of Envtl. Protection, 629 A.2d 597, 599 (Me.1993).

FAGRE v. PARKS

District Court, D. Maine · Mar 5, 2020

See Plumhoff v. … See Jennings v.

Bowley v. Fuller

121 Me. 22 · Supreme Judicial Court of Maine · Dec 14, 1921

Hunt v. Bailey, 39 Mo., 257 ; Higgins v. Halligan, 46 Ill., 173 ; Griffin v. Knisely, 75 Ill., 411 ; Reithman v. Brandenburg, 7 Colo., 480 ; Despard v. Walbridge, 15 N. Y., 374 ; Stees v. … Thus, in case of a lodger occupying rooms in a boarding-house with his family; White v. Maynard, 111 Mass., 250 ; Peaks v.

Levine v. Reynolds

143 Me. 15 · Supreme Judicial Court of Maine · Aug 5, 1947

Holden Steam Mill v. Westervelt, supra; Dwinal v. Howard, supra; Harmon v. Company, 35 Me. 453 ; Jewett v. Weston, 11 Me. 346 ; Miller v. Goddard, 34 Me. 102 ; Veazie v. Bangor, 51 Me. 509 ; Otis v. Ford, 54 Me. 104 . … But in Brown v. Haynes, 52 Me. 578 at 581 , the court said the same rule applies in a contract for the sale of personalty as applies in a contract for the sale of real estate.

American Republic Insurance v. Superintendent of Insurance

647 A.2d 1195 · Supreme Judicial Court of Maine · Sep 21, 1994

International Paper Co. v. Board of Envtl. Protection, 629 A.2d 597, 599 (Me.1993). The construction of a statutory scheme is a question of law for the court. Spiller v. State, 627 A.2d 513, 515 (Me.1993). … See Keystone Bituminous Coal Ass’n v.

Ross v. Cargo of 3,408 Tons of Pocahontas Coal

165 F. 722 · District Court, D. Maine · Nov 21, 1908

The corrected bill of lading shows that she had on board 3,403% tons. … Randall v. Sprague, 74 Fed. 247 , 21 C. C. A. 334 ; Wright v. New Zealand Shipping Co., 4 Ex. Div. 165; Randall v. Lynch, 2 Camp. 352. In Niver v.

The Louisa

15 F. Cas. 942 · District Court, D. Maine · Mar 15, 1857

John v. Paine, 10 How. [51 U. S.] 557; The Oregon v. Rocca. 18 How. [59 U. S.] 570; Crockett v. Newton, Id. 581. … John v. Paine, 10 How. [51 U. S.] 581, 583. If. as is justly observed by Mr. Justice McLean, in the case of The Oregon v. Rocca, 18 How. [59 U.

Beal v. Bangor Publishing Co.

714 A.2d 805 · Supreme Judicial Court of Maine · Jul 17, 1998

New York Times Co. v. Sullivan, 376 U.S. 254, 283 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964); see also True v. Ladner, 513 A.2d 257, 262 (Me.1986); Michaud v. Town of Livermore Falls, 381 A.2d 1110, 1113 (Me.1978). … I told him that Nancy Brown, the commander of the base, had decided that she wanted to have all the security personnel not carry weapons ...