Case law

Smith v. Inh. of the town of Monmouth

Superior Court of Maine · Dec 15, 2008

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. … Tarason v.

New England Outdoor Center v. Commissioner of Inland Fisheries & Wildlife

748 A.2d 1009 · Supreme Judicial Court of Maine · Apr 14, 2000

CONST, art III, § 2 (emphasis added); see also State v. Hunter, 447 A.2d 797, 799 (Me.1982). … Kuvaja v. Bethel Sav. Bank, 495 A.2d 804, 806 (Me.1985). In Brown 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.

Ahlgren v. Town of Ogunquit

Superior Court of Maine · Sep 19, 2013

After the hearing the Board denied Petitioners' abatement appeaL Petitioners' filed this appeal of the Board's denial on August 10, 2012. IT. … IV Conclusion The Court AFFIRMS the decision of the Board of Assessment Review.

Lord v. Society for the Preservation of New England Antiquities, Inc.

639 A.2d 623 · Supreme Judicial Court of Maine · Mar 28, 1994

See Whitmore v. … Whicher v. Abbott, 449 A.2d 353, 356 (Me.1982); Babb v. Rand, 345 A.2d 496, 499 (Me.1975); Phinney v.

Garnache v. City of Biddeford

Superior Court of Maine · Sep 5, 2003

The board’s findings will not be disturbed if supported by substantial evidence contained in the record. Palesky v. Town of Topsham, 614 A.2d 1307, 1309 - (Me. 1992). … Based on this, Plaintiff Garnache asserts that the ZBA had no authority to reverse the Planning Board’s decision. Rockland Plaza Realty Corporation v.

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.

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.

Pierce v. Kimball

9 Me. 54 · Supreme Judicial Court of Maine · Jun 15, 1832

So in Wales v. … By the same act, the Boston board of health were specially empowered to, require vessels to perform quarantine, under a severe penaltyiXIs- not this last statute, at least in the last named provision, in restraint of trade

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.

Ouellette v. Bolduc

440 A.2d 1042 · Supreme Judicial Court of Maine · Feb 9, 1982

See Fickett v. Hohlfeld, Me., 390 A.2d 469 (1978). Cf. Board of Environmental Protection v. Ber-geron, Me., 434 A.2d 25 (1981); City of Augusta v. Allen, Me., 438 A.2d 472 (1981). … See Blake v. Clark, 6 Me. 436 (1830); Derby v. Jones, 27 Me. 357 (1847); Moulton v. Trafton, 64 Me. 218 (1874); Cunningham v. Webb, 69 Me. 92 (1879); Webber v. Austin, 123 Me. 95 , 121 A. 673 (1923). Wooley v.

Morse v. City of Biddeford

Superior Court of Maine · May 10, 2002

See Christian Fellowship & Renewal Center v. Town of Limington, 2001 ME 16, 910/15, 769 A.2d 834, 837-9 and Chapel Road Associates, L.L.C. v. Town of Wells, 2001 ME 178 (December 27, 2001). … Additionally, the Boards may wish to consider what rights the Watsons have on Hutchins Drive, how many families abut Hutchins Drive, whether the Planning Board or the Board of Zoning Appeals is the proper Board to grant any

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).

Bodack v. Town of Ogunquit

Superior Court of Maine · Aug 11, 2005

In Tkacker v. Konover Developlnent Corporation, 2003 ME 30, 818 A.2d 1013 owners of an existing Arby's restaurant challenged the decision of the Topsham Planning Board to approve a nearby large commercial subdivision. … In the earlier case of Grant's Farm Associates v. Town of Kittery, 554 A.2d 799 (Me. 1989) a developer appealed from the denial of approval on five grounds, one of which was traffic conditions.

Creamer v. Inhabitants of Bremen

91 Me. 508 · Supreme Judicial Court of Maine · May 4, 1898

In Joyner v. … Wright v. Boston, 9 Cush. 233 . In Smith v.

Swanson v. Town of Freeport

Superior Court of Maine · Sep 23, 2003

(citing Moreau v. Town of Turner, 661 A.2d 677, 679 (Me. 1995); Palesky v. Town of Topsham, 614 A.2d 1307, 1310 n.3 (Me. 1992); Marxsen v. Board of Dirs., M.S.A.D. No. 5, 591 A.2d 867, 871 (Me. 1991). … Sargent, Inc. v. Town of Wells, 676 A.2d 920, 926 (Me. 1996).

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. .

Hurley v. Inhabitants of South Thomaston

105 Me. 301 · Supreme Judicial Court of Maine · Mar 31, 1909

Shaw in Com. v. … Brigham v. Worcester County, 147 Mass. 446 ; Damon v. Reading, 2 Gray, 274 .

Connolly v. Serunian

138 Me. 80 · Supreme Judicial Court of Maine · Sep 17, 1941

And later, in Drew v. … See Somerville v. Smithfield, 126 Me., 511, 140 A., 195 ; Ellsworth v. Waltham, 125 Me., 214, 132 A., 423 ; Rumford v. Upton, supra; Monroe v. Hampden, 95 Me., 111, 49 A., 604 ; *87 East Livermore v.

American Martial Arts Found. v. City of Portland

Superior Court of Maine · May 31, 2002

Decision of the Board When reviewing an agency's decision, the court must uphold the agency's findings of fact if supported by substantial evidence on the record as a whole. MacDougall v. … In its review process, the Board begins with the presumption that the Assessor's determination is valid and "[t]he taxpayer has the burden of overcoming that presumption." Town of Southwest Harbor v.