Case law

Cushing v. State

434 A.2d 486 · Supreme Judicial Court of Maine · Aug 24, 1981

Brown, Kay R. H. Evans, Asst. Attys. Gen., Augusta, for defendants. Before WERNICK, GODFREY, NICHOLS and ROBERTS, JJ. ROBERTS, Justice. … See Brown v. Bishop, 105 Me. 272, 277 , 74 A. 724, 727 (1909); Walker v. Lincoln, 45 Me. 67, 70 (1858); Small v. Small, 35 Me. 400, 401 (1853).

United States v. Martin

26 F. Cas. 1179 · District Court, D. Maine · Jun 15, 1868

Law, §§ 249-255; Lightfoot v. Tenant, 1 Bos. & P. 551; Langton v. Hughes, 1 Maule & S. 593. It has however been acknowledged and fully recognized by Curtis, J., in Sortwell v. … Biggs v. Lawrence, 3 Durn. & E. [Term R.] 454; Clugas v. Penaluna, 4 Durn. & E. [Term R.] 466; Waymell v. Reed, 5 Durn. & E. [Term R.] 599. The present case, in my view, is wholly different from Holman v.

Lewin v. Skehan

39 A.3d 58 · Supreme Judicial Court of Maine · Mar 13, 2012

White v. … See Corcoran, 2011 ME 14, ¶ 16 , 12 A.3d 71 ; Weiss v. Brown, 1997 ME 57, ¶ 6 , 691 A.2d 1208 .

Rocque v. Inhabs. of the Town of China

Superior Court of Maine · Dec 3, 2003

ROCQUE, et al., Plaintiffs v. … Ryan v. Town of Camden, 582 A.2d 973, 975 (Me. 1990). “The board’s decision is not wrong because the record is inconsistent or a different conclusion could be drawn from it.” Twigg v.

State v. Montgomery

92 Me. 433 · Supreme Judicial Court of Maine · Jan 27, 1899

People of the City of Coldwater v. Russell, 49 Mich. 617 , ( 43 Am. Rep. 478 ). See also Commonwealth v. Ober, supra; and Emert v. Missouri, 156 U. S. 296 ; State v. Express Co., 60 N. H. at page 260; Huntington v. … Brown v. Maryland, 12 Wheat. 419 . The distinction is clearly pointed out in Emert v. Missouri, supra, at page 311. Emert was the agent of the Singer Mfg.

Caron v. Maine School Administrative District No. 27

594 A.2d 560 · Supreme Judicial Court of Maine · Jul 18, 1991

No. 1 v. … See Stone v. Board of Registration in Medicine, 503 A.2d 222, 226 (Me.1986).

Senator Corp. v. Commissioner of Transportation

511 A.2d 37 · Supreme Judicial Court of Maine · Jul 2, 1986

State v. National Advertising Co., 409 A.2d 1277, 1289 (Me.1979). The removal of this sign would do nothing of the kind. The bill *39 board occupies a tiny fraction of Senator’s whole parcel. … Shackford & Gooch Co. v. Town of Kennebunk, 486 A.2d 102, 106 (Me.1984); Roberts v. Maine Bonding & Cas. Co., 404 A.2d 238, 241 (Me.1979). That essential element is lacking here.

Leonard v. Town of Winthrop

Superior Court of Maine · Sep 24, 2004

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. … Total Quality v. Town of Scarborough, 588 A.2d 283, 284 (Me. 1991). Plaintiffs advance four principal arguments for vacating the decision of the Winthrop Board.

Windward Development v. Cummings Road Business Park Association

Superior Court of Maine · Nov 14, 2005

Defendants argue, citing Town of Orrin~ton - v. Pease, 660 A.2d 919, 922 (Me. 1995) and Plannin~Board of Town of Naples v. … However, defendant has offered no Maine authority for the proposition that such deference is required and, in the court's view, Boehner v.

Hurley v. Towne

155 Me. 433 · Supreme Judicial Court of Maine · Nov 23, 1959

.---” Brown v. Rhodes (1927), 126 Me. 186, 187 . “---A general demurrer admits all facts well pleaded, and challenges their sufficiency in law upon which to maintain the action. … In Dunbar v.

Moulton v. Moulton

309 A.2d 224 · Supreme Judicial Court of Maine · Sep 5, 1973

Hobbs, 70 Me. 381, 383 (1879); Morrison v. Brown, 84 Me. 82, 83 , 24 A. 672 (1891); Perkins v. Blethen, 107 Me. 443, 446-448 , 78 A. 574 (1911); Mott v. Mott, 107 Me. 481, 483 , 78 A. 900 (1911). … Crowther, Hobbs v. Hobbs and Perkins v.

Boudreau v. Town of Princeton

611 A.2d 78 · Supreme Judicial Court of Maine · Jul 21, 1992

authorization which the court was construing was granted at a special Town meeting on April 11, 1988, when the inhabitants of Princeton voted in favor of Article 37 of a warrant: To see if the Town will vote to authorize the Board … Clarke v. Fall River, 219 Mass. 580, 586 , 107 N.E. 419 (1914).

Rockland Water Co. v. Tillson

69 Me. 255 · Supreme Judicial Court of Maine · Mar 1, 1879

In Hazen v. B. & M. … Russell v. Brown, 63 Maine, 203. C. & O. Canal Co. v. Hitchings, 65 Maine, 140. These exceptions, however, are apparent rather than real.

Poisson v. Allstate Life Insurance

640 F. Supp. 147 · District Court, D. Maine · Jul 17, 1986

Similarly, in Lamb v. … This is fundamentally different from the situation presented in either Philpott v. Essex County Welfare Board, 409 U.S. 413 , 93 S.Ct. 590 , 34 L.Ed.2d 608 (1973), or Hisquierdo v.

Connolly v. State of Maine, Bd. Of Soc. Work Licensure

Superior Court of Maine · May 8, 2003

Rvan v. Town of Camden, 582 A.2d 973, 975 (Me. 1990). The record before this Court does not support such a showing. … Rinehart v. Schubel, 2002 ME 53, (13, 794 A.2d 73. Courts have held that “expressions of impatience, dissatisfaction, annoyance, and even anger" do not constitute bias or prejudice. Liteky v.

Barstow v. Gray

3 Me. 409 · Supreme Judicial Court of Maine · May 15, 1825

In Egerton v. … Jones v. Barkley 2 Doug. 684. Rawson v. Johnson 1 East 203. Waterhouse v. Skinner 2 Bos. & Pul. 447. West v. Emmons 5 Johns. 179 . Miller v. Drake 1 Caines 45 . Judgment on the verdict.

Hasty v. Cumberland County Power & Light Co.

125 Me. 229 · Supreme Judicial Court of Maine · Mar 23, 1926

Morgan v. Aroostook Valley R. R. Co., 115 Maine, 171. … Grant v.

Murphy v. Goldman

Superior Court of Maine · May 10, 2013

De Novo Review In Stewart v. … Consistent with Stewart v.

Grant v. Portland Public Schools

Superior Court of Maine · Jan 29, 2018

If [the school board] act in good faith after proper investigation, their decision is final." Shaw v. Small, 124 Me. 36, 41, 125 A. 496, 499 (1924). Those statements, however, were dicta. The ruling in Shaw v. … Sproul v. Town of Boothbay Harbor, 2000 ME 30 ~ 8, 746 A.2d 368, 372. 1 Although PHS cites language in Warren v.

River Dale Ass'n v. Bloss

901 A.2d 809 · Supreme Judicial Court of Maine · Jul 18, 2006

Rice v. City of Biddeford, 2004 ME 128, ¶ 9 , 861 A.2d 668, 670 . “A material fact is one having the potential to affect the outcome of the suit.” Burdzel v. Sobus, 2000 ME 84, ¶ 6 , 750 A.2d 573, 575 . … LLC v. Pub. Utils. Comm’n, 2003 ME 12, ¶ 15 , 818 A.2d 1039, 1046 (quotation marks omitted). *812 A.