Category: Maine Supreme Judicial Court Opinions

56 A.2d 631 PRODUCTION CREDIT ASSOCIATION vs. L. RALPH KENT, Deputy Sheriff Supreme Judicial Court of Maine. Aroostook. Opinion, January 13, 1948. Replevin. Chattel Mortgages. Appeal and Error. In replevin suit, under plea of non cepit and brief statement alleging that at the time the goods were recovered by the plaintiff, the property of the […]

Rose WARREN v. WATERVILLE URBAN RENEWAL AUTHORITY. Supreme Judicial Court of Maine. November 21, 1967. Appeal from the Superior Court, Androscoggin County. Page 296 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 297 Jerome G. Daviau, Waterville, for appellant. Lester T. Jolovitz, […]

717 A.2d 380 Arthur R. SELANDER, D.C. v. Mark ROSSIGNOL, R.P.T., d/b/a County Physical Therapy. Supreme Judicial Court of Maine.Submitted on Briefs September 8, 1998. Decided September 16, 1998. Appeal from the Superior Court, Aroostook County, Pierson, J. Page 381 Charles E. Gilbert, III, Gilbert Law Offices, P.A., Bangor, for plaintiff. John W. McCarthy, Leigh […]

Raymond F. UPHAM v. VAN BAALEN PACIFIC CORP. and Lumbermens Mutual Casualty Company. Supreme Judicial Court of Maine.Argued September 3, 1980. Decided October 14, 1980. Appeal from the Superior Court, Knox County. Page 1230 Sulides Fletcher, Steven C. Fletcher (orally), Rockland, for plaintiff. Richardson, Tyler Troubh, Robert L. Hazard (orally), Ronald D. Russell, Portland, for […]

71 A.2d 318 LYMAN R. SHANNON vs. WILFRED N. BAKER (TWO CASES) Supreme Judicial Court of Maine. Aroostook. Opinion, February 9, 1950. Entry. Trespass. Adverse Possession. What acts of dominion create title by adverse possession are matters of law; whether such acts have been performed or maintained are matters of fact. The lack of actual […]

8 A.3d 622 BAR HARBOR HOUSING AUTHORITY v. Estate of Theodore STAPLES. Docket: Han-09-498.Supreme Judicial Court of Maine.Argued: May 19, 2010. Decided: November 2, 2010. Appeal from the Superior Court Justice, Hancock County, Cuddy, J. William N. Ferm, Esq. (orally), William N. Ferm Law Office, Ellsworth, ME, for the Estate of Theodore Staples. Roger J. […]

James E. DANFORTH, Personal Representative of the Estate of Mauro D. Danforth v. Gavin RUOTOLO. Supreme Judicial Court of Maine.Argued September 22, 1994. Decided December 8, 1994. Appeal from the Superior Court, Cumberland County, Lipez, J. Paul F. Macri (orally), Berman Simmons, P.A., Lewiston, for plaintiff. James B. Haddow (orally), Petruccelli Martin, Portland, for defendant. […]

STATE of Maine v. Calvin TIDSWELL. Supreme Judicial Court of Maine.Argued November 19, 1986. Decided December 9, 1986. Appeal from the Superior Court, Kennebec County. David W. Crook, Dist. Atty., Pamela Ames, Alan P. Kelley (orally), Asst. Dist. Attys., Augusta, for the State. Bourget Bourget, Paul Bourget (orally), Augusta, for defendant. Before NICHOLS, ROBERTS, WATHEN, […]

STATE of Maine v. Thomas AUSTIN. Supreme Judicial Court of Maine.Argued September 19, 1986. Decided December 16, 1986. Appeal from the Superior Court, Cumberland County Page 1043 Paul Aranson, Dist. Atty., Margot Joly (orally), Law Student Intern, Portland, for plaintiff. Lang, Huston Boutin, Daniel Boutin (orally), Portland, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, […]

28 A.2d 736 EDWARD C. LUNT vs. THE FIDELITY CASUALTY COMPANY OF NEW YORK. GEORGE A. CONSTANTINE vs. THE FIDELITY CASUALTY COMPANY OF NEW YORK. Supreme Judicial Court of Maine. Penobscot. Opinion, October 24, 1942. Equity. Insurance. Master and Servant. The doctrine which requires that a contract of insurance be construed most strongly against the […]

STATE of Maine v. Lawrence M. POOLE. Supreme Judicial Court of Maine.Submitted on Briefs January 4, 1990. Decided January 16, 1990. Appeal from the Superior Court, Hancock County, Delahanty, J. Michael E. Povich, Dist. Atty., Ellsworth, for the State. Page 831 William C. Reiff, Mt. Desert, for defendant. Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, […]

749 A.2d 1270 IN RE SHULIKOV.[1] Docket Yor-99-566.Supreme Judicial Court of Maine.Submitted on Briefs March 29, 2000. Decided April 20, 2000. [1] The parties captioned this case using the child’s first name. In the circumstances, use of the last name is more appropriate because of necessary citations to related cases. Appealed from the Probate Court, […]

Leah M. MAXSON f/k/a (Cloutier) v. Maurice E. CLOUTIER. Supreme Judicial Court of Maine.Submitted on Briefs June 5, 1992. Decided June 30, 1992. Appeal from the Cumberland District Court, MacDonald, A.R.J. Kenneth Altshuler (orally), Mittel, Asen, Eggert Hunter, Portland, for plaintiff. Elizabeth Burns (orally), George Glover, Glover Feldman, Brunswick, for defendant. Before WATHEN, C.J., and […]

Clifford BEAULIEU v. Roger B. BEAULIEU. Supreme Judicial Court of Maine. May 27, 1970. Appeal from the Superior Court, Kennebec County. Page 611 Marden, Dubord, Bernier Chandler, by Bruce W. Chandler, Waterville, for plaintiff. Mahoney, Desmond, Robinson Mahoney, by William B. Mahoney and M. Roberts Hunt, Portland, for defendant. Before WILLIAMSON, C.J., and WEBBER, DUFRESNE, […]

109 A.2d 512 CENTRAL MAINE POWER CO. v. PUBLIC UTILITIES COMMISSION Supreme Judicial Court of Maine. Kennebec. Opinion, October 20, 1954. Rates. Public Utilities Commission. Statutes. Words and Phrases. “Reproduction Cost.” “Fair Value.” “Net Average Property.” “Cost.” “Depreciated Original Cost.” “Prudent Acquisition Cost.” “Current Value.” Evidence. Judicial Notice. Amortization. Subsidiaries. Tax Accruals. The first task […]

763 A.2d 121 Michael NIEHOFF v. SHANKMAN ASSOCIATES LEGAL CENTER, P.A. Docket No. Cum-00-282Supreme Judicial Court of Maine.Argued: November 8, 2000. Decided: December 21, 2000. Page 122 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 123 Appeal from the Superior Court, Cumberland […]

STATE of Maine v. Charles WESCOTT. Supreme Judicial Court of Maine.Argued September 17, 1986. Decided October 6, 1986. Appeal from the Superior Court, Sagadahoc County. John R. Atwood (orally), Dist. Atty., Geoffrey Rushlau, Asst. Dist. Atty., Lisa Hamilton, Legal Intern, Bath, for the state. Mark E. Dunlap (orally), Portland, for defendant. Before NICHOLS, ROBERTS, WATHEN, […]

William B. KNIGHT, as Special Guardian of William Austin Knight, and William Austin Knight, his ward v. Jean T. RADOMSKI, also known as Jean T. Knight. Supreme Judicial Court of Maine. May 30, 1980. Appeal from the Superior Court, Hancock County. Gross, Minsky, Mogul Singal, P.A., George Z. Singal (orally), Elizabeth A. Page 1212 Ebitz, […]

156 A.2d 395 FLORENCE M. SWASEY ET AL. vs. CLARK D. CHAPMAN, CO-EXECUTOR ET AL. Supreme Judicial Court of Maine. Cumberland. Opinion, November 13, 1959. Wills. Executors and Administrators. Trusts. Income. Massachusetts Rule. P.L., 1957, Chap. 183, Federal Income Tax. The controlling rule in the construction of a will is that the intention of the […]

691 A.2d 1240 Joanne M. FALVO, et al. v. PEJEPSCOT INDUSTRIAL PARK, INC. Supreme Judicial Court of Maine.Submitted on Briefs February 7, 1997. Decided April 4, 1997. Appeal from the Superior Court, Sagadahoc County, Brodrick, A.R.J. Page 1241 Peter C. Fessenden, Brunswick, for plaintiffs. Ronald P. Lebel, William H. Stiles, Skelton, Taintor Abbott, P.A., Auburn, […]

769 A.2d 834 CHRISTIAN FELLOWSHIP AND RENEWAL CENTER v. TOWN OF LIMINGTON et al. Docket Yor-00-160.Supreme Judicial Court of Maine.Argued September 7, 2000. Decided January 24, 2001. Appeals from a judgment entered in the Superior Court, York County, Brennan, J. Page 835 Stephen C. Whiting, Esq., (orally), The Whiting Law Firm, P.A., Portland, for plaintiff. […]

PEOPLES HERITAGE BANK v. CITY OF SACO. Supreme Judicial Court of Maine.Argued October 30, 1989. Decided November 29, 1989. Appeal from the Superior Court, Cumberland County, Alexander, J. Robert E. Hirshon (orally), Jerrol A. Crouter, Drummond, Woodsum, Plimpton MacMahon, Portland, for plaintiff. Erland B. Hardy (orally), James F. Molleur, Woodman Edmands, Biddeford, for defendant. Before […]

Robert ALLEN et al. v. Margaret A. HUNTER. Supreme Judicial Court of Maine.Argued November 19, 1985. Decided February 25, 1986. Appeal from the Superior Court, Lincoln County. Page 487 Howard Bowie, Clayton N. Howard (orally), Edward G. Dardis, Damariscotta, for plaintiffs. Berman, Simmons Goldberg, P.A., Paul A. Macri (orally), Lewiston, for defendant. Before McKUSICK, C.J., […]

213 A.2d 435 JOHN FRANCIS HUGHES, JR. vs. STATE OF MAINE, ET AL. Supreme Judicial Court of Maine. York. Opinion, October 14, 1965. Habeas Corpus. Criminal Law. The office of writ of habeas corpus is to afford citizen a speedy and effective method of securing his release when illegally restrained of his liberty, and the […]

123 A.2d 771 JUNE BINETTE, ADMINISTRATRIX OF ESTATE OF LEO W. BINETTE vs. RAYMOND LEPAGE Supreme Judicial Court of Maine. York. Opinion, June 21, 1956. Wrongful Death. Contributory Negligence. Nonsuit. If the plaintiff’s evidence in a negligence action shows that his intestate was contributorily negligent, then the defendant has sustained the burden of proof under […]

OPINION OF THE JUSTICES of the Supreme Judicial Court Given Under The Provisions of Section 3 of Article VI of the Constitution. Supreme Judicial Court of Maine.Questions Propounded by the House of Representatives in a Communication Dated May 27, 1983. Answered June 6, 1983. Appeal from the House of Representatives. HOUSE ORDER PROPOUNDING QUESTIONS OF […]

Charles W. BADGER and Edith M. Badger v. George H. HILL. Supreme Judicial Court of Maine. July 27, 1979. Appeal from the Superior Court, York County. Page 223 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 224 Erwin, Austin Lucas, P.A. by […]

Nancy CARR v. Brenton CARR. Supreme Judicial Court of Maine.Argued October 3, 1994. Decided March 30, 1995. Appeal from the Ellsworth District Court, Staples, J. Barry K. Mills (orally), Hale Hamlin, Ellsworth, for plaintiff. Richard C. Ames (orally), Brunswick, for defendant. Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA and LIPEZ, JJ. ROBERTS, Justice. […]

Christopher and Reginald CHASE, et al. v. TOWN OF WELLS, et al. Supreme Judicial Court of Maine.Argued May 7, 1990. Decided May 22, 1990. Appeal from the Superior Court, York County, Alexander, J. Page 894 Paul L. Beach (orally), Daughan, Kimmel, Geyer Beach, Wells, for plaintiffs. Durward W. Parkinson (orally), Bernstein, Shur, Sawyer Nelson, Kennebunk, […]

854 A.2d 216 SANDRA AUSTIN v. BARBARA COSTANTINO et al. Docket: Yor-03-710.Supreme Judicial Court of Maine.Submitted On Briefs: June 24, 2004. Decided: July 23, 2004. Appeal from the Superior Court, York County, Fritzsche, J. David W. Austin, Esq., Rumford, ME, Attorney for plaintiff. James L. Audiffred, Esq., Saco, ME, Attorney for defendants. Panel: SAUFLEY, C.J., […]

Donald CHRISTIANSON v. STATE of Maine et al. Supreme Judicial Court of Maine. April 11, 1967. On appeal from Superior Court, Kennevec. County. Donald Christianson, pro se. Courtland D. Perry, Asst. Atty. Gen., Augusta, for appellee. Before WEBBER, TAPLEY, MARDEN, DUFRESNE and WEATHERBEE, JJ. PER CURIAM. This was an appeal from the dismissal of a […]

690 A.2d 491 Terry W. LISTER v. ROLAND’S SERVICE, INC., et al. Supreme Judicial Court of Maine.Argued March 7, 1996. Decided February 12, 1997. Appeal from the Workers’ Compensation Board. Norman G. Trask (orally), Currier Trask, P.A., Presque Isle, for employee. Nelson J. Larkins (orally), Preti, Flaherty, Beliveau Pachios, LLP, Portland, Samuel W. Lanham, Jr. […]

OPINION OF THE JUSTICES OF the SUPREME JUDICIAL COURT given under the Provisions of Section 3 of Article VI of the Constitution. Supreme Judicial Court of Maine.Question Propounded by the Senate in an Order Dated February 6, 1974. Answered February 27, 1974. SENATE ORDER PROPOUNDING QUESTION In Senate, February 6, 1974 Whereas, it appears to […]

STATE of Maine v. Timothy DUBE. Supreme Judicial Court of Maine.Submitted on Briefs August 31, 1987. Decided September 4, 1987. Mary Tousignant, Dist. Atty., David Gregory, Alfred, Me., for plaintiff. Stephen T. Jeffco, Portsmouth, N.H., for defendant. Before McKUSICK, C.J., and NICHOLS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ. MEMORANDUM OF DECISION. On appeal from the […]

BANGOR HYDRO-ELECTRIC COMPANY, ET AL. v. BOARD OF ENVIRONMENTAL PROTECTION. Supreme Judicial Court of Maine.Argued May 1, 1991. Decided July 30, 1991. Appeal from the Superior Court, Kennebec County, Alexander, J. Page 439 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 440 […]

ESTATE OF Lawrence B. UTTERBACK Supreme Judicial Court of Maine.Argued November 20, 1986. Decided March 3, 1987. Appeal from the Probate Court, Franklin County. Page 1185 Isaacson, Hark Epstein, Philip M. Isaacson (orally), Elliott Epstein, Lewiston, Jonathan R. Luce, Farmington, for appellants. Verrill Dana, Timothy Keiter (orally), John Philbrick, Portland, Joseph Holman, Farmington, for appellee. […]

863 A.2d 276 In re WALTER R. Supreme Judicial Court of Maine. December 15, 2004. Appeal from the District Court, Augusta County, Anderson, J. Brian H. Mahany, Augusta, for appellant. G. Steven Rowe, Attorney General, Margaret Semple, Asst. Atty. Gen., Augusta, for appellee. Page 277 Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, CALKINS, and […]

763 A.2d 1163 In re Charles G. Docket No. Fra-00-347.Supreme Judicial Court of Maine.Decision December 12, 2000. Decided January 5, 2001. appeals from the judgment of the District Court, Farmington, Mullen J. Page 1164 Margot Joly, LaVerdiere Assoc. Wilton, for appellant. Andrew Ketterer, Attorney General Christopher C. Leighton, Asst. Attorney General Nora Sosnoff, Asst. Attorney […]

983 A.2d 379 OUELLET ASSOCIATES, INC. v. COASTAL REALTY GROUP, LLC et al. No. Cum-09-125.Supreme Judicial Court of Maine.Submitted on Briefs: October 14, 2009. Decided: December 1, 2009. Appeal from the Superior Court, Cumberland County, Cole, J. Page 380 Ronald P. Lebel, Esq., Kelly L. Turner, Esq., Skelton, Taintor Abbott, Auburn, ME, for Ouellet Associates, […]

861 A.2d 662 COMMERCE BANK AND TRUST COMPANY v. Nancy S. DWORMAN. Supreme Judicial Court of Maine.Submitted On Briefs: October 6, 2004. Decided: November 22, 2004. Appeal from the Superior Court, York County, Brennan, J. Page 663 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

STATE of Maine v. Brian McINTYPE. Supreme Judicial Court of Maine.Submitted on Briefs June 13, 1989. Decided July 6, 1989. Appeal from the Superior Court, York County, Cole, J. Page 1093 Mary Tousignant, Dist. Atty., Anne Jordan, Asst. Dist. Atty., Alfred, for the State. James A. Brunelle, Brunelle Gardner, Saco, for defendant. Before McKUSICK, C.J., […]

Henry J. TRAVERS, Jr. v. David FRENCH et al. Supreme Judicial Court of Maine. November 9, 1978. Appeal from the Appeal from Superior Court Kennebec County. Perkins Townsend by Clinton B. Townsend (orally), Skowhegan, for plaintiff. Lawrence Boris (orally), Lester T. Jolovitz, Waterville, for Elias Joseph. Roger Welch, Waterville, for French. Frank Chapman, Augusta, for […]

John POMELOW v. Nyla CORNFORTH. Supreme Judicial Court of Maine.Submitted on briefs October 16, 1996. Decided November 26, 1996. Appeal from the Superior Court, Somerset County, Marsano, J. John Pomelow, Madison, pro se. Donald E. Eames, Eames Sterns, Skowhegan, for Defendant. Before WATHEN, C.J., and GLASSMAN, CLIFFORD, RUDMAN, DANA, and LIPEZ, JJ. WATHEN, Chief Justice. […]

879 A.2d 1001 Joseph FRUSTACI v. CITY OF SOUTH PORTLAND. Supreme Judicial Court of Maine.Argued: May 18, 2005. Decided: August 25, 2005. Appeal from the United States District Court, District of Maine, Hornby, J. Page 1002 James Haddow, Esq. (orally), Petruccelli, Martin Haddow, Portland, for the plaintiff. Mark Franco, Esq. (orally), Michael Saucier, Esq., Thompson […]

TOWN OF KITTERY v. Robert WHITE and Thomasine Piche. Supreme Judicial Court of Maine.Argued September 10, 1981. Decided October 2, 1981. Appeal from the Superior Court, York County. McEachern Thornhill, Duncan A. McEachern (orally), Kittery, for plaintiff. Gary H. Reiner (orally), Kittery, for defendant. Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS, CARTER, VIOLETTE and WATHEN, […]