Case law

Summerwind Cottage v. Town of Scarborough

Superior Court of Maine · Feb 4, 2010

In certain circumstances a board's decisions may be supported by implicit findings. See e.g. Driscoll v. … "When a board of appeals fails to make sufficient and clear findings of fact and such findings arc necessary for judicial review, [the court] will remand the matter to the board to make the findings." Snll170rII v.

Maine Ass'n of Independent Neighborhoods (M.A.I.N.) v. Commissioner, Maine Department of Human Services

697 F. Supp. 557 · District Court, D. Maine · Aug 30, 1988

See Franchise Tax Board v. … See Warth v.

Talbot v. Copeland

38 Me. 333 · Supreme Judicial Court of Maine · Jul 1, 1854

Brown v. Gray; 3 Greenl. 126; Mosher v. Berry, 30 Maine, 83. By the plan of the Commonwealth of Massachusetts, made by Rufus Putnam, and dated 1186, the north-east corner of. … Loring v. Norton, 8 Greenl. 61.

Bragg v. Champion International Corp.

636 A.2d 436 · Supreme Judicial Court of Maine · Jan 18, 1994

Harvie v. Bath Iron Works, 561 A.2d 1023, 1024 (Me.1989). … Remanded to the Workers’ Compensation Board for denial of the employer’s petition. All concurring. .

Diviney v. University of Maine System

158 A.3d 5 · Supreme Judicial Court of Maine · Mar 28, 2017

See Brown v. Delta Tau Delta, 2015 ME 75, ¶¶ 8-9 , 118 A.3d 789 . … Co. v. Daigle, 607 A.2d 538 , 535-36 (Me. 1992); see also Watt v.

P and R Management v. River Road Industrial Condominium Association

Superior Court of Maine · Aug 1, 2023

Bank of America, N.A. v. Greenleaf, 2015 ME 127, 97, 124 A.3d 1122. Unlike its federal counterpart, the Maine Constitution contains no “case or controversy” requirement. Roop v. … Madore v. Maine Land Use Regulation Comm'n, 1998 ME 178, J 13, 715 A.2d 157 (quoting Lujan v, Defenders of Wildlife, 504 U.S. 555, 560 (1992)).

Alden v. Town of Harpswell

Superior Court of Maine · Nov 22, 2005

Sproul v. Town of Boothbay Harbor, 2000 ME 30,B 8, 746 A.2d 368,372. A court is not permitted to substitute its own judgment for that of the Board. … Even though it coald have acted more diligently, the Board did act appropriately to fix its earlier error. V.

Smith v. Heine Safety Boiler Co.

119 Me. 552 · Supreme Judicial Court of Maine · Feb 12, 1921

In Conway v. Industrial Board of Ill., 118 N. E., 705 , 282 Ill., 313 , the court said: “Jan. 21, 1915, claimant filed an application for adjustment of claim for injuries received August 25, 1914. … See also Hornbook-Price Co. v. Stewart, 118 N. E., 315 , and Moustgard v. Ind. Board of Ill., 287 Ill., 156 , 122 N.

Lamb v. Town of Farmington

846 A.2d 333 · Supreme Judicial Court of Maine · Apr 8, 2004

See Ranco v. City of Bangor, 1997 ME 65, ¶ 6 , 691 A.2d 1238,1239 . A. … See Common Cause v. State, 455 A.2d 1, 14-15 (Me.1983). The entry is: Judgment affirmed. .

United States v. Beeler

62 F. Supp. 2d 136 · District Court, D. Maine · Jul 1, 1999

Swan described the man as being six feet to six feet, two inches tall, weighing approximately 150 to 160 pounds, with dark brown to black hair, cut short. Tr. at 42. … Brown, 699 F.2d 585, 593-94 (2nd Cir.1983) (noting the suggestively of an in-court identification); United States v. Kaylor, 491 F.2d 1127, 1131-32 (2nd Cir.1973), J. Vacated on different grounds, U.S. v.

Maine Merchants Association, Inc. v. Campbell

287 A.2d 430 · Supreme Judicial Court of Maine · Feb 16, 1972

Palmer v. Barker, 11 Me. 338 (1834). Since the purpose of the statute was abundantly clear, our Court felt compelled to construe the word “team” to include an automobile. Bragdon v. … Brown. This event was noticed by plaintiffs and an order of substitution was appropriately entered pursuant to the provisions of Rule 26(d) (1) Maine Rules of Civil Procedure. 3 .

Knoll v. Maine Public Employees Retirement System

Superior Court of Maine · Oct 14, 2016

See Douglas v. Board of Trustees, 669 A.2d 177, 179 (Me. 1996). … " Friends ofMaine's Mountains v.

Ciresoli v. M.S.A.D. No. 22

901 F. Supp. 378 · District Court, D. Maine · Sep 6, 1995

Dist. v. Jackson, 4 F.3d 1467 , 1469 (9th Cir.1993) (citing 20 U.S.C. § 1412 and Board of Educ. v. … Board of Educ. v. Rowley, 458 U.S. 176, 206 , 102 S.Ct. 3034, 3051 , 73 L.Ed.2d 690 (1982). Rather, courts are required to give the state administrative proceedings “due weight.” Id.

Coffin v. Orkin Exterminating Co., Inc.

20 F. Supp. 2d 107 · District Court, D. Maine · Jul 21, 1998

In Daubert v. … Co. v. Joiner, 522 U.S. 136 , -, 118 S.Ct. 512, 521-23 , 139 L.Ed.2d 508 (1997), and a Fifth Circuit opinion, Moore v.

Grover v. Minette-Mills, Inc.

638 A.2d 712 · Supreme Judicial Court of Maine · Mar 9, 1994

Brown Co. v. Gillen, 569 A.2d 1206, 1210 (Me.1990). At trial, Grover conceded that there was no intimidation and thus was required to establish that the defendants procured the breach through fraud. … V.

Waskiewicz v. Town of Kennebunkport

Superior Court of Maine · May 7, 2004

WASKIEWICZ, Plaintiff ORDER GOiscn PoP v. … In Fitanides v.

Lampron v. Town of Standish

Superior Court of Maine · Feb 8, 2008

The Board's decision to reconsider its earlier action is reviewed under an abuse of discretion standard. Forbes v. Town of Southwest Harbor, 2001 ME 9 <JI 7, 763 A.2d 1183, 1186. … It is permissible for board members to draw on their general knowledge and experience. See Adelman v. Town of Baldwin, 2000 ME 91 <j[ 11, 750 A.2d 577, 582; Pine Tree Telephone & Telegraph Co. v.

J. & J. West Trust v. City of Portland

Superior Court of Maine · Mar 8, 2001

As such, the court is not permitted to make findings independent of those explicitly or implicitly found by the Board, or substitute its judgment for that of the Board. Perrin v. … Ryan v. Town of Camden, at 975. The Board’s decision is not wrong because the record is inconsistent or a different conclusion could be drawn from it. Twigg v. Town of Kennebunk, 662 A.2d 914, 916 (Me. 1995).

Ogle v. Overlook Road at Bridgton Association

Superior Court of Maine · Aug 11, 2023

In York County v. … Tobin v. Barter, 2014 ME 51, J 9, 89 A.3d 1088 (quoting Sullivan v. Porter, 2004 ME 134, { 13, 861 A.2d 625).

State v. Mosher

270 A.2d 451 · Supreme Judicial Court of Maine · Nov 6, 1970

Brown v. State (1959) 239 Ind. 358 , 157 N.E.2d 174, 178 . The “plain view” doctrine is universally recognized. … State v. Poulin (Me.1970) 268 A.2d 475, 480 ; Gerard v. State (1963) 237 Ark. 287 , 372 S.W.2d 635 ; State v. Turner (1966) 101 Ariz. 85 , 416 P.2d 409 ; Bryant v. United States (1958) 5 Cir., 252 F.2d 746 ; State v.