Category: Maine Supreme Judicial Court Opinions

797 A.2d 1262 STATE OF MAINE v. MICHAEL CHASSE Docket Som-01-279.Supreme Judicial Court of Maine.Argued April 3, 2002. Decided June 4, 2002. Appealed from the Superior Court ,Somerset County, Atwood, J. R. Christopher Almy, District Attorney, C. Daniel Wood, Asst. Dist. Atty. (orally), Bangor, for State. Barry L. Pretzel, Esq. (orally), Rockland, for defendant. Panel: […]

MAINE MERCHANTS ASSOCIATION, INC., et al. v. Elmer W. CAMPBELL. Supreme Judicial Court of Maine. February 16, 1972. Page 431 Appeal from the Superior Court of Cumberland County. Pierce, Atwood, Scribner, Allen McKusick by Jeremiah D. Newbury, Gerald M. Amero, Daniel E. Boxer, Portland, for plaintiffs. Clayton N. Howard, Asst. Atty. Gen., Augusta, for defendant. […]

24 A.2d 241 ARTHUR W. VIGUE vs. WARD B. CHAPMAN AND INA T. CHAPMAN. Supreme Judicial Court of Maine. Somerset. Opinion, December 22, 1941. Constitutional Law. Taxation. Tax Liens. Long and thoroughly established practice dictates that no question of constitutionality shall be passed upon except when entirely necessary to a decision of the cause in […]

Benjamin F. BUTTON v. PEOPLES HERITAGE SAVINGS BANK. Supreme Judicial Court of Maine.Argued September 6, 1995. Decided October 24, 1995. Appeal from the Superior Court, Oxford County, Alexander, J. Page 121 Arthur J. Greif (orally), Lowry Associates Attorneys, Bangor, for Plaintiff. Andrew M. Horton, Matthew H. Herndon (orally), Verrill Dana, Portland, for Defendant. Before WATHEN, […]

887 A.2d 36 Catherine I. (Ziegler) FOLEY v. Gary L. ZIEGLER. Docket: Yor-05-142.Supreme Judicial Court of Maine.Submitted on Briefs: September 16, 2005. Decided: December 2, 2005. Appeal from the District Court, York County, Brodrick, A.R.J. Catherine Foley, Kittery, for plaintiff. Gary L. Ziegler, Kittery Point, for defendant. Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, […]

Donald E. BARNES and Bernard J. O’Neill v. Joseph ZAPPIA et al. Supreme Judicial Court of Maine.Argued February 28, 1995. Decided May 26, 1995. Appeal from the Superior Court, Cumberland County, Fritzsche, J. Page 1087 John S. Campbell (orally), Poulos Campbell, P.A., Portland, for plaintiffs. Jeffrey A. Thaler (orally), Berman Simmons, P.A., Lewiston, Christian T. […]

68 A.2d 12 SEARS, ROEBUCK AND COMPANY vs. CITY OF PORTLAND AND CITY OF SOUTH PORTLAND Supreme Judicial Court of Maine. Cumberland. Opinion, August 4, 1949. Courts. Declaratory Judgment. Appeal. Taxes. The Law Court is a statutory court and can hear and determine only those matters authorized by statute and brought to it through the […]

771 A.2d 371 LLOYD WELLS et al. v. PORTLAND YACHT CLUB et al. Supreme Judicial Court of Maine. Docket Cum-00-381.Submitted on Briefs December 20, 2000. Decided January 30, 2001. Appealed from the Superior Court, Cumberland County, Warren, J. Page 372 S. James Levis Jr., Levis Hull, P.A., Biddeford, for plaintiffs. Gary D. Vogel, Aaron P. […]

Carol A. KARANTZA v. Ralph SALAMONE. Supreme Judicial Court of Maine.Argued September 17, 1981. Decided October 23, 1981. Appeal from the Superior Court, Cumberland County. Page 1385 Jon Holder (orally), Portland, for plaintiff. Ralph Salamone, pro se. Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ. WATHEN, Justice. In this appeal from […]

CONNECTICUT BANK TRUST COMPANY, N.A. v. CITY OF WESTBROOK and the Assessor of the City of Westbrook[1] . Supreme Judicial Court of Maine.Argued January 10, 1984. Decided May 30, 1984. [1] In the Superior Court, the party-defendant was listed as “The City of Westbrook, Maine, and Mark A. Caldwell, Assessor of the City of Westbrook.” […]

Sheldon HEWITT v. ARROW FARMS, INC. Supreme Judicial Court of Maine.Argued June 1, 1987. Decided July 7, 1987. Appeal from the Superior Court, Aroostook County. Page 447 David Edgar (orally), Houlton, for plaintiff. Richard N. Solman (orally), Solman, Page Hunter, P.A., Caribou, for defendant. Before McKUSICK, C.J., NICHOLS, ROBERTS,[*] WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ., […]

Janice LOWE v. C.N. BROWN CO. and Commercial Union Co. Supreme Judicial Court of Maine.Argued March 12, 1982. Decided August 13, 1982. Appeal from the Superior Court, Cumberland County. Page 1359 Elizabeth A. Marean (orally), Joseph L. Bornstein, Portland, for plaintiff. Norman Hanson, Stephen W. Moriarty (orally), John M. Wallach, Portland, for defendant. Before McKUSICK, […]

864 A.2d 166 STATE of Maine v. Gary E. HOLMES. Supreme Judicial Court of Maine.Submitted On Briefs: November 16, 2004. Decided: December 20, 2004. Appeal from the District Court, West Bath, Field, J. Page 167 Geoffrey A. Rushlau, District Attorney, Patricia Mador, Asst. Dist. Atty., Bath, for State. Thaddeus V. Day, Esq., North Yarmouth, for […]

945 A.2d 1217 ESTATE OF Timmy L. BARROWS. No. Docket: Wal-07-465.Supreme Judicial Court of Maine.Submitted on Briefs: February 28, 2008. Decided: April 1, 2008. Appeal from the Probate Court, Waldo County, Longley, J. Page 1218 Roger J. Katz, Esq., Keith R. Varner, Esq., Lipman, Katz McKee, Augusta, ME, for Kelene Barrows. Timothy Bryant, Esq., Preti, […]

715 A.2d 156 STATE of Maine v. Frank CUNNINGHAM. Supreme Judicial Court of Maine.Submitted on Briefs June 15, 1998. Decided July 1, 1998. Appeal from the Superior Court, York County, Fritzsche, J. Michael P. Cantara, District Attorney; David Gregory, of counsel, Alfred, for the State. Joseph M. Wrobleski, Saco, for Defendant. Before WATHEN, C.J., and […]

163 A.2d 364 IRIS LAWRENCE, P.P.A. LESLIE LAWRENCE vs. OSKAR LARSEN Supreme Judicial Court of Maine. Aroostook. Opinion, June 2, 1960. Negligence. Evidence. Duty. In an action for injuries suffered by a child from an alleged fall into a newly constructed cellar, the court properly directed a defendant’s verdict where the quality of the evidence […]

David F. STEVENS v. Nancy A. STEVENS. Supreme Judicial Court of Maine. August 22, 1978. Appeal from the Superior Court, Waldo County. Sandy Sandy by Robert E. Sandy, Jr. (orally), Waterville, for plaintiff. Burton G. Shiro (orally), Waterville, for defendant. Page 1075 Before POMEROY, WERNICK, ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ. ARCHIBALD, Justice. The plaintiff […]

AGWAY, INC. v. Elsie A. LUCE, Administratrix of the Estate of Roland H. Luce, and Kendall R. Luce. Supreme Judicial Court of Maine. October 23, 1974. Appeal from the Superior Court, Somerset County. Perkins Townsend by Clinton B. Townsend, Skowhegan, for plaintiff. Eames Eames by Donald E. Eames, Skowhegan, Morton A. Brody, Waterville, for defendants. […]

12 A.3d 1174 Elizabeth M. HUTZ v. Llewellyn P.H. ALDEN. No. Docket: Yor-10-449.Supreme Judicial Court of Maine.Submitted On Briefs: January 27, 2011. Decided: March 3, 2011. Appeal from the Superior Court, York County, Fritzsche, J. Page 1175 Alan E. Shepard, Esq., Shepard Read, Kennebunk, ME, for Llewellyn P.H. Alden. William C. Knowles, Esq., Jacqueline W. […]

STATE of Maine v. Dalton Leroy BRIDGES. Supreme Judicial Court of Maine.Argued January 9, 1980. Decided April 24, 1980. Appeal from the Superior Court, Cumberland County. Page 938 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 939 Charles K. Leadbetter (orally), Pasquale […]

721 A.2d 185 ESTATE OF Ruth E. DINEEN. Supreme Judicial Court of Maine.Argued November 5, 1998. Decided December 14, 1998. Appeal from the Probate Court, York County, Nadeau, J. Page 186 Susan J. Parcels (orally) Portland, for the appellant. Dennis J. O’Donovan (orally) McCandless, Epstein O’Donovan, L.L.P., Portland, for the appellant. Before WATHEN, C.J., and […]

81 A.2d 662 THE DORCOURT COMPANY v. GREAT NORTHERN PAPER COMPANY Supreme Judicial Court of Maine. Kennebec. Opinion, June 12, 1951. Mandamus. Exceptions. Procedure relative to mandamus is statutory and although there is no express provision for the allowance of exceptions where the peremptory writ is denied the legislature manifestly intended that in such case […]

9 A.2d 659 GEORGE M. LOWDEN vs. PHILIP A. GRAHAM. Supreme Judicial Court of Maine. Lincoln. Opinion, December 6, 1939. TAXATION. TOWNS. The sale of land for taxes is a procedure in invitum, and the provisions of the statute authorizing such sale must be strictly complied with or the sale will be invalid. The word […]

838 A.2d 1162 MARY ELLEN GEARY v. DEPARTMENT OF BEHAVIORAL AND DEVELOPMENTAL SERVICES. Docket: Ken-02-434.Supreme Judicial Court of Maine.Argued: November 14, 2002. Decided: December 23, 2003. Appeal from the Superior Court, Alexander, J. Page 1163 Mark C. Joyce, Esq. (orally), Attorney for plaintiff. G. Steven Rowe, Attorney General, Dale Denno, Asst. Attorney General (orally) Katherine […]

Stanley RAYMOND III v. STATE of Maine. Supreme Judicial Court of Maine.Argued September 21, 1983. Decided October 31, 1983. Appeal from the Superior Court, Cumberland County. Page 162 Alan R. Nye (orally), Portland, for plaintiff. Charles K. Leadbetter, Asst. Attys. Gen., William R. Stokes (orally), Augusta, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE […]

Robert Christopher INGRAHAM v. UNIVERSITY OF MAINE AT ORONO, Paul Silverman, President, and David Cox, Penobscot County District Attorney. Supreme Judicial Court of Maine.Argued January 19, 1982. Decided February 23, 1982. Appeal from the Superior Court, Penobscot County. Page 692 Robert Christopher Ingraham, pro se. John M.R. Paterson (orally), Bernstein, Shur, Sawyer Nelson, Portland, for […]

Ellen KING and Maine Human Rights Commission v. BANGOR FEDERAL CREDIT UNION. Supreme Judicial Court of Maine.Argued June 18, 1992. Decided July 23, 1992. Appeal from the Superior Court, Penobscot County, Silsby, J. Page 81 John E. Carnes (orally), Maine Human Rights Comm’n, Augusta, Robert Marks (orally), Coopers Mills, for plaintiffs. Edward W. Gould (orally), […]

15 A.2d 289 STATE OF MAINE vs. ARTHUR DUMAIS. Supreme Judicial Court of Maine. Androscoggin. Opinion, September 18, 1940. CRIMINAL PLEADING. BRIBERY. Solicitation of a felony is an offense indictable at common law. The common understanding of the word “offer” is verified by the dictionaries as “to bring to or before”; “to hold out to”; […]

STATE of Maine v. Ernest B. SHACKFORD, Jr. Supreme Judicial Court of Maine. February 19, 1970. Appeal from the Superior Court, Kennebec County. Page 360 Nicholas S. Strater, Asst. Atty. Gen., Augusta, for plaintiff. Charles E. Moreshead, Augusta, for defendant. Before WILLIAMSON, C.J., and WEBBER, MARDEN, WEATHERBEE and POMEROY, JJ. POMEROY, Justice. Ernest B. Shackford, […]

STATE of Maine v. William LEVESQUE, Jr. Supreme Judicial Court of Maine.Argued June 8, 1984. Decided August 10, 1984. Appeal from the Superior Court, Kennebec County. Wayne S. Moss (orally), Asst. Atty. Gen., Augusta, for plaintiff. Shiro Shiro Law Offices, Burton Shiro (orally), Waterville, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, GLASSMAN and SCOLNIK, […]

920 A.2d 1044 John MacDOWALL v. MMG INSURANCE COMPANY. Supreme Judicial Court of Maine.Argued: January 17, 2007. Decided: May 1, 2007. Appeal from the Superior Court, Somerset County, Jabar, J. Paul F. Macri (orally), Tyler N. Kolle, Berman Simmons, P.A., Lewiston, for plaintiff. James D. Poliquin. (orally), Norman, Hanson DeTroy, LLC, Portland, for defendant. Panel: […]

179 A.2d 812 STATE OF MAINE v. OTTO BENNETT Supreme Judicial Court of Maine. Knox. Opinion, April 5, 1962 Criminal Law. Rape. Carnal Knowledge. Minors. Evidence. Exceptions. Corroboration beyond the testimony of the prosecutrix is not required in proving rape. Ruling on discretionary matters are not exceptionable. A letter from the defendant to the prosecutrix […]

STATE of Maine v. Laurence DeMOTTE. Supreme Judicial Court of Maine.Argued October 31, 1995. Decided January 17, 1996. Appeal from the Superior Court, Knox County, Kravchuk, J. Page 1332 Geoffrey Rushlau (orally), District Attorney, Rockland, for the State. Daniel C. Purdy (orally), Stephen A. Little Associates, Rockland, for Defendant. Before WATHEN, C.J., and ROBERTS, GLASSMAN, […]

LEADBETTER INTERNATIONAL TRUCKS, INC. v. STATE TAX ASSESSOR[1] . Supreme Judicial Court of Maine.Argued September 10, 1984. Decided November 14, 1984. [1] In the Superior Court, the party-defendant to the plaintiff’s petition for review of the State Tax Assessor’s decision on reconsideration was listed as State of Maine, Bureau of Taxation. The appropriate defendant in […]

STATE of Maine v. Dale Brian PRICE. Supreme Judicial Court of Maine. October 5, 1979. Appeal from the Superior Court, Hancock County. Page 884 Michael E. Povich, Dist. Atty., Sandra Hylander Collier (orally), Ellsworth, for plaintiff. Karen Murphy, Searsport, Richard M. Dostie (orally), Belfast, for defendant. Before McKUSICK, C.J., and POMEROY, WERNICK, GODFREY, NICHOLS and […]

STATE of Maine v. Mark CONNER. Supreme Judicial Court of Maine.Argued May 13, 1981. Decided September 8, 1981. Appeal from the Superior Court, Cumberland County. Page 510 Charles K. Leadbetter, William Stokes, Asst. Attys. Gen., John S. Gleason, Deputy Atty. Gen. (orally), Augusta, for plaintiff. Franklin F. Stearns, Jr. (orally), Portland, for defendant. Before McKUSICK, […]

121 A.2d 345 STATE OF MAINE v. OMER F. GAGNON Supreme Judicial Court of Maine. Aroostook. Opinion, February 24, 1956. Criminal Law. Manslaughter. Automobiles. Intoxicating Liquor. Blood Test. Constitutional Law. Fair and Impartial Trial. Where hearsay testimony regarding a blood test is improperly admitted into evidence in a homicide case the prejudicial effect is not […]

VAHLSING, INC. et al. v. BANGOR AND AROOSTOOK RAILROAD CO. et al. Supreme Judicial Court of Maine.Argued March 6, 1987. Decided March 23, 1987. Appeal from the Appeal from Superior Court Aroostook County. F.H. Vahlsing, Jr. (orally), pro se. Bruce S. Billings (orally), Limestone, for Vahlsing, Inc. Verrill and Dana, Roger A. Putnam (orally), J. […]

STATE of Maine v. Edward DUPONT. Supreme Judicial Court of Maine.Argued June 12, 1986. Decided July 10, 1986. Appeal from the Superior Court, York County Page 460 Mary C. Tousignant, Dist. Atty., David Gregory (orally), Alfred, for State. J. Armand Gendron (orally), Sanford, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, GLASSMAN and SCOLNIK, JJ. […]

99 A.2d 331 ROY C. KNAPP, APLT. FROM DECREE OF JUDGE OF PROBATE LEWISTON AND AUBURN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, APLT. FROM DECREE OF JUDGE OF PROBATE IN RE: ESTATE OF FRED E. KNAPP Supreme Judicial Court of Maine. Androscoggin. Opinion, August 11, 1953 Probate Court. Decrees. Distribution Accounts. Identity of […]

B.P.O.E. LODGE NO. 2043 OF BRUNSWICK et al. v. Keith H. INGRAHAM et al. Supreme Judicial Court of Maine. December 11, 1972. Appeal from the Superior Court, Cumberland, Kennebec and Penobscot Counties. Page 608 John P. Carey, Bath, Edward G. Hudon, Brunswick, Seymour Nathanson, Earl J. Wahl, Portland, John E. Harrington, Bangor, for plaintiffs. Charles […]

107 A.2d 538 PEARL E. CHIZMAR v. ANN ELLIS Supreme Judicial Court of Maine. Somerset. Opinion, June 7, 1954. Assault. Damages. New Trial. The court has no right to substitute its judgment for that of the jury in matters of disputed questions of fact. There is no law in Maine requiring a split verdict as […]

698 A.2d 1071 Margaret J. OSGOOD v. Sarah F. OSGOOD. Supreme Judicial Court of Maine.Submitted on Briefs May 23, 1997. Decided August 15, 1997. Appeal from the Superior Court, Cumberland County, Saufley, J. Page 1072 U. Charles Remmel, II, Kelly, Remmel Zimmerman, Portland, for plaintiff. Clarke C. Hambley, Givertz, Lunt, Hambley Scheffee, P.A., Portland, for […]

STATE of Maine v. Donald WHITE. Supreme Judicial Court of Maine.Argued January 3, 1983. Decided February 15, 1983. Appeal from the Superior Court, Waldo County. Page 1388 John R. Atwood, Dist. Atty., William R. Anderson, Asst. Dist. Atty. (orally), Belfast, for plaintiff. Richard M. Dostie (orally), Belfast, for defendant. Before NICHOLS, ROBERTS, CARTER, VIOLETTE and […]

ETHYL CORPORATION v. William R. ADAMS, Jr., et al., in their capacity as Board of Environmental Protection, etc. Supreme Judicial Court of Maine. June 24, 1977. Appeal from the Superior Court, Oxford County. Page 1066 Whiting Kendall, by Richard E. Whiting, James H. Kendall, Rumford, for plaintiff. John M.R. Paterson, Asst. Atty. Gen., Augusta, for […]

STATE of Maine v. John J. McGOWAN. Supreme Judicial Court of Maine.Argued May 9, 1988. Decided June 3, 1988. Appeal from the Superior Court, Cumberland County. Paul Aranson, Dist. Atty., Stephen Bither, Law Student Intern, (orally), Portland, for plaintiff. Claire A. Julian, (orally), Portland, for defendant. Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, SCOLNIK and […]

STATE of Maine v. Thomas Jeffrey WING. Supreme Judicial Court of Maine.Argued January 13, 1981. Decided March 18, 1981. Appeal from the Superior Court, Androscoggin County. Janet Mills, Dist. Atty., Kevin J. Regan, Asst. Dist. Atty. (orally), Auburn, for plaintiff. Gaston M. Dumais (orally), Lewiston, for defendant. Before McKUSICK, C.J., and WERNICK, GODFREY, NICHOLS, ROBERTS […]

203 A.2d 687 RAMIE MICHAUD AND DELIA R. MICHAUD vs. CITY OF BANGOR Supreme Judicial Court of Maine. Penobscot. Opinion, October 12, 1964. Damages. Trespass. Statutes. Municipal Corporations. Punitive or exemplary damages are not recoverable against municipality unless expressly authorized by statute. Statute authorizing double damages for willfully or knowingly destroying property on lands of […]

STEEL SERVICE CENTER v. PRINCE MACARONI MFG. CO.[1] Supreme Judicial Court of Maine.Argued November 16, 1981. Decided December 22, 1981. [1] We have changed the title of the case because Prince Macaroni Mfg. Co. is the only defendant in this appeal. Appeal from the Superior Court, Androscoggin County. Rocheleau, Fournier Lebel, Paul C. Fournier (orally), […]