Category: Maine Supreme Judicial Court Opinions

Elton B. GULLIFER v. GRANITE PAVING COMPANY and Maine Bonding and Casualty Co. Supreme Judicial Court of Maine. March 10, 1978. Appeal from the Superior Court, Sagadahoc County. Page 48 McTeague, Higbee Tierney by Patrick N. McTeague (orally), Brunswick, for plaintiff. Richardson, Hildreth, Tyler Troubh by Robert E. Noonan (orally), Ronald D. Russell, Portland, for […]

STATE of Maine v. Robert C. BOUCHARD. Supreme Judicial Court of Maine.Argued January 8, 1985. Decided March 26, 1985. Appeal from the Superior Court, Aroostook County. John D. McElwee, Dist. Atty., Neale Adams, Asst. Dist. Atty. (orally), Houlton, for plaintiff. Daniel G. Lilley, Rose L. Duggan (orally), Portland, for defendant. Before McKUSICK, C.J., and NICHOLS, […]

ESTATE OF Helen Gladys RUSSELL. Christine R. LEAVITT v. Beverly Ann MINGO. Supreme Judicial Court of Maine.Argued January 9, 1987. Decided February 23, 1987. Appeal from the Probate Court, Penobscot County. Linscott, Badger Slater, Michael L. Rair (orally), Willard H. Linscott, Bangor, for plaintiff. Rush Beaupain, Dean A. Beaupain (orally), Millinocket, for defendant. Before McKUSICK, […]

Robert T. BARBER v. INHABITANTS OF TOWN OF FAIRFIELD and H. Dale Green. Supreme Judicial Court of Maine.Argued March 10, 1983. Decided May 10, 1983. Appeal from the Superior Court, Somerset County. Page 1002 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

183 A.2d 513 IN RE JOYCE ESTATE Supreme Judicial Court of Maine. Hancock. Opinion, August 16, 1962. Inheritance. Illegitimacy. Descent. Wills. Bastards. Adoption. Some positive act on the part of the putative father is necessary to make an illegitimate child heir of the father. Knowledge that any illegitimate child suffers many social and economic deprivations […]

Norman BURTON v. lawrence MERRILL. Supreme Judicial Court of Maine.Argued November 13, 1991. Decided August 24, 1992. Appeal from the Superior Court, Penobscot County, Smith, J. Page 863 James E. Mitchell (orally), Jim Mitchell and Jed Davis, P.A., Augusta, for plaintiff. Vernon I. Arey (orally), Wheeler Arey, Waterville, for defendant. Before McKUSICK, C.J.,[*] and WATHEN, […]

729 A.2d 900 ARTHUR P. CLUM v. RUTH H. GRAVES. Docket Cum-98-524.Supreme Judicial Court of Maine.Submitted on briefs: March 12, 1999. Decided: May 19, 1999. The entry is: Judgment affirmed. Page 901 Attorney for plaintiff: Kenneth P. Altshuler, Esq. Attorney for defendant: Ellyn C. Ballou, Esq. Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, […]

1 A.2d 341 STATE OF MAINE vs. WILLIAM CAREY. Supreme Judicial Court of Maine. Penobscot. Opinion, September 9, 1938. STATUTES, CONSTRUCTION OF. The act giving the Old Town Municipal Court exclusive jurisdiction over all criminal offenses and misdemeanors within the jurisdiction of trial justices within the towns enumerated in the act, was repealed pro tanto […]

Duane A. REED, an infant, by his next friend, Philip Reed, and Philip Reed, Individually v. A.C. McLOON COMPANY. Supreme Judicial Court of Maine. November 9, 1973. Appeal from the Superior Court, Knox County. Page 549 Hart Stinson, by Ronald A. Hart, Roger R. Therriault, Bath, for plaintiff. Mahoney, Desmond, Robinson Mahoney, by Robert F. […]

ESTATE OF Cecilia M. Bechard FISHER. Supreme Judicial Court of Maine.Argued June 8, 1988. Decided July 21, 1988. Appeal from the Probate Court, Somerset County. Page 1267 Nancy D. Metz (orally), Fairfield, for appellant. Albert L. Bernier (orally), Marden, Dubord, Bernier Stevens, Waterville, for Fisher. William P. Niehoff, Waterville, for Maine Children’s Home for Little […]

Mary L. POWERS v. PLANNED PARENTHOOD OF NORTHERN NEW ENGLAND, et al. Supreme Judicial Court of Maine.Argued January 2, 1996. Decided June 6, 1996. Appeal from the Superior Court, Franklin County, Delahanty, J. Page 535 Todd S. Holbrook (orally), Bernstein, Shur, Sawyer Nelson, Portland, for Appellant. Paul R. Dumas, Jr. (orally), Joyce, Dumas, David and […]

STATE of Maine v. Eric RICHARDSON. Supreme Judicial Court of Maine.Argued May 23, 1991. Decided June 18, 1991. Appeal from the District Court, Portland, MacNichol, J. Stephanie Anderson, Dist. Atty. and Diane Powers (orally), Asst. Dist. Atty., Portland, for the State. James G. Boulos (orally), Biddeford, for defendant. Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, […]

STATE of Maine v. Leon CORSON, Sr. Supreme Judicial Court of Maine.Argued March 8, 1990. Decided March 29, 1990. Appeal from the Superior Court, Piscataquis County, Smith, J. Page 484 R. Christopher Almy, Dist. Atty., Dover-Foxcroft, and Eric Bryant (orally), Asst. Atty. Gen., Augusta, for the State. John D. Bunker (orally), Paine, Lynch Harris, Bangor, […]

56 A.2d 68 DORIS BRADFORD vs. JAMES M. DAVIS ALSO KNOWN AS J. MARTIN DAVIS: AND BESSIE E. DAVIS DORIS BRADFORD vs. MERRILL F. DRISKO Supreme Judicial Court of Maine. Washington. Opinion, December 9, 1947. Exceptions. Referees. Bills of exception must be presented during the term in which the case was tried, provided that in […]

720 A.2d 1159 Donald A. SPENCER v. Ann F. SPENCER. Supreme Judicial Court of Maine.Submitted on Briefs October 28, 1998. Decided November 25, 1998. Appeal from the Superior Court, Penobscot County, Mead, J. Page 1160 Jay H. Otis, Brewer, for plaintiff. Lisa Cohen Lunn, Vafiades, Brountas Kominsky, Bangor, for defendant. Before WATHEN, C.J., and CLIFFORD, […]

Richard SWEENEY, et al. v. TOWN OF OLD ORCHARD BEACH. Supreme Judicial Court of Maine.Argued March 1, 1994. Decided July 14, 1994. Appeal from the Superior Court, York County, Perkins, A.R.J. Karen B. Lowell (orally), Smith, Elliott, Smith Garney, P.A., Saco, for plaintiff. F. Paul Frinsko (orally), Glenn Israel, Bernstein, Shur, Sawyer Nelson, Portland, for […]

715 A.2d 182 Peter M. DOREY v. ESTATE of William C. SPICER, Jr. et al. Supreme Judicial Court of Maine.Argued June 10, 1998. Decided August 5, 1998. Revised August 14, 1998. Appeal from the Superior Court, Cumberland County, Brennan, J. Stephen P. Beale, Skelton, Taintor Albott, P.A., Auburn, for plaintiff. Stephen Hessert, Paul F. Driscoll, […]

859 A.2d 163 STATE of Maine v. Gerald FORSYTH. Supreme Judicial Court of Maine.Submitted on Briefs: June 24, 2004. Decided: August 31, 2004. Appeal from the Superior Court, Somerset County, Jabar, J. Page 164 Evert M. Fowle, District Attorney, James G. Mitchell, Asst. Dist. Atty., Skowhegan, for State. Wayne R. Foote, Bangor, for defendant. Panel: […]

James R. DONGO, et al. v. James A. BANKS, et al. v. J.I. HOLCOMB MFG. CO. Supreme Judicial Court of Maine.Argued June 10, 1982. Decided August 5, 1982. Appeal from the Superior Court, Cumberland County. Page 886 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

WINDSOR HOTEL COMPANY v. CENTRAL MAINE POWER COMPANY, City of Belfast, and Cleveland Staples. Supreme Judicial Court of Maine. February 7, 1969. Appeal from the Superior Court, Kennebec County. Jerome G. Daviau, Waterville, for plaintiff. Bradford H. Hutchins, Waterville, for defendants. Before WILLIAMSON, C.J., and WEBBER, TAPLEY, MARDEN, DUFRESNE, and WEATHERBEE, JJ. MARDEN, Justice. On […]

931 A.2d 1064 Alice GEARY v. Theodore R. STANLEY et al. No. Wal-06-753.Supreme Judicial Court of Maine.Submitted on Briefs: June 13, 2007. Decided: September 18, 2007. Appeal from the Superior Court, Waldo County, Mills, J. Page 1065 C. Donald Briggs III, Alison Wholey Mynick, Briggs Counsel, Rockland, for plaintiff. Thomas V. Laprade, Lambert Coffin; Byrne […]

Ellwood TWIST v. STATE of Maine. Supreme Judicial Court of Maine.Argued November 2, 1992. Decided December 3, 1992. Appeal from the Superior Court, Kennebec County, Wathen, C.J. Page 549 Daniel J. Stevens (orally), Pierce, Atwood, Scribner, Allen, Smith Lancaster, Augusta, for plaintiff. Amy Homans (orally), Asst. Atty. Gen., Augusta, for defendant. Before ROBERTS, GLASSMAN, CLIFFORD, […]

850 A.2d 352 CHARLES R. MERRICK v. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY. Docket: Cum-03-334.Supreme Judicial Court of Maine.Submitted on Briefs: December 12, 2003. Decided: May 12, 2004. Revised May 26, 2004. Appeals from a judgment of the Superior Court, Cumberland County, Warren, J. Page 353 Stephen C. Whiting, Esq., The Whiting Law Firm, P.A., […]

12 A.3d 44 STATE of Maine v. Derek W. BOUTILIER. No. Oxf-10-304.Supreme Judicial Court of Maine.Argued: January 13, 2011. Decided: February 8, 2011. Page 45 Appeal from the Superior Court, Oxford County, Nivison, J. Page 46 Sarah L. Glynn, Esq. (orally), Oxford Hills Law, South Paris, ME, for Derek Boutilier. Page 47 Janet T. Mills, […]

976 A.2d 924 Richard E. HAMILTON Jr. v. Kellie M. HAMILTON et al. No. Docket: Cum-08-538.Supreme Judicial Court of Maine.Submitted on Briefs: July 8, 2009. Decided: August 6, 2009. Appeal from the District Court, Portland County, Powers, J. Page 925 Richard E. Hamilton, Jr., Auburn, ME, pro se. Janet T. Mills, Attorney General, Carlos Diaz, […]

NORTHEAST HARBOR GOLF CLUB, INC. v. TOWN OF MOUNT DESERT et al. Supreme Judicial Court of Maine.Submitted on Briefs September 29, 1992. Decided December 30, 1992. Appeal from the Superior Court, Hancock County, Kravchuk, J. Page 226 James E. Patterson, Ellsworth, John H. Schafer, Washington, D.C., for plaintiff. William R. Black, Black, Lambert, Coffin Rudman, […]

MAINE HUMAN RIGHTS COMMISSION, on their own Behalf and for the Use of Vernard GORDON, Ronald Knowles and John Lyford[1] v. CANADIAN PACIFIC LIMITED. Supreme Judicial Court of Maine.Argued June 29, 1982. Decided April 15, 1983. [1] 5 M.R.S.A. § 4612(4)(B) empowers the Maine Human Rights Commission to bring this action in Superior Court. We […]

12 A.2d 414 JAMES H. CONNOR AND ALIDA L. CONNOR vs. INHABITANTS OF SOUTHPORT. Supreme Judicial Court of Maine. Lincoln. Opinion, April 9, 1940. EMINENT DOMAIN. PRIVATE WAYS. Appellants filing objections to Referees’ report are confined to reasons stated in their written objections, and where no objections were made as to award of damages that […]

Noel COTE v. ZONING BOARD OF APPEALS FOR the CITY OF BANGOR and the City of Bangor and Richard L. Wright, et als., Intervenors. Supreme Judicial Court of Maine. March 7, 1979. Appeal from the Superior Court, Penobscot County. Page 420 Rudman, Winchell, Carter Buckley by John M. Wallach (orally), Paul L. Rudman, Bangor, for […]

STATE of Maine v. Frederic R. McLAUGHLIN. Supreme Judicial Court of Maine. June 21, 1978. Appeal from the Superior Court, York County. Page 608 William P. Donahue, Dist. Atty., John M. McCallum, Joseph A. Wannemacher (orally), Asst. Dist. Attys., Alfred, for plaintiff. James Martin Dineen, Kittery, Ray R. Pallas (orally), Westbrook, for defendant. Before McKUSICK, […]

102 A.2d 866 ROSAIRE G. TARDIFF v. HERBERT L. PARKER, SR. Supreme Judicial Court of Maine. Androscoggin. Opinion, December 28, 1953. Negligence. New Trial. Damages. A motion for a new trial will not be granted unless it is apparent that the jury acted under some bias, prejudice or improper influence, or have made some mistake […]

797 A.2d 731 AARON KINZEL v. STATE OF MAINE Docket Aro-01-351.Supreme Judicial Court of Maine.Argued May 9, 2002. Decided May 29, 2002. Appealed from the Superior Court, Aroostook County, Mead, C.J. Eugene J. McLaughlin Jr., Esq. (orally), Presque Isle, for appellant. G. Steven Rowe, Attorney General, Charles k. Leadbetter, State Solicitor (orally), Augusta, Neale T. […]

689 A.2d 590 ESTATE OF Zoa J. SPEAR. Supreme Judicial Court of Maine.Submitted on Briefs September 11, 1996. Decided January 28, 1997. Appeal from the Probate Court, Knox County, Emery, J. John J. Sanford, Harmon, Sanford Jones, Camden, for appellant. Stephen W. Hancom, Crandall, Hanscom, Pease and Collins, P.A., Rockland, for appellee. Before WATHEN, C.J., […]

868 A.2d 172 SOLD, INC., et al. v. TOWN OF GORHAM. Docket: Cum-04-77.Supreme Judicial Court of Maine.Argued: September 21, 2004. Decided: February 3, 2005. Appeal from the Superior Court, Cumberland County, Crowley, J. Page 173 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

PENOBSCOT AREA HOUSING DEVELOPMENT CORPORATION et al. v. CITY OF BREWER et al. Supreme Judicial Court of Maine.Argued January 16, 1981. Decided August 14, 1981. Appeal from the Superior Court, Kennebec County. Page 15 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

710 A.2d 897 PASSAMAQUODDY WATER DISTRICT v. CITY OF EASTPORT and Town of Perry. Supreme Judicial Court of Maine.Argued April 7, 1998. Decided April 30, 1998. Appeal from the Superior Court, Washington County, Alexander, J. Page 898 George C. Schelling (orally), Gross, Minsky, Mogul Singal, P.A., Bangor, for plaintiff. Rebecca S.K. Webber (orally), Curtis Webber, […]

Richard H. COBB v. ALLSTATE INSURANCE COMPANY v. INSURANCE COMPANY OF NORTH AMERICA. Supreme Judicial Court of Maine.Submitted on Briefs January 24, 1995. Decided August 1, 1995. Appeal from the Superior Court, Kennebec County, Chandler, J. Page 39 Arthur J. Greif, Lowry Associates, Bangor, for plaintiff. Naomi Honeth, Beals Quinn, Portland, for Allstate Ins. Co. […]

STATE of Maine v. Jeffrey SONDERGAARD. Supreme Judicial Court of Maine. March 5, 1974. Appeal from the Superior Court, Lincoln County. Page 368 Alan C. Pease, Special Asst. Atty. Gen., Wiscasset, for plaintiff. Fitzgerald, Donovan Conley, P.A., by J. Michael Conley, III, Bath, for defendant. Before DUFRESNE, C.J., and WEBBER, WEATHERBEE, POMEROY, WERNICK, and ARCHIBALD, […]

15 A.3d 1279 Peter ANASTOS v. TOWN OF BRUNSWICK. NO. Docket: Cum-10-363.Supreme Judicial Court of Maine.Argued: February 8, 2011. Decided: March 24, 2011. Appeal from the Superior Court, Cumberland County, Crowley, J. Page 1280 Kenneth M. Cole III, Esq., Natalie L. Burns, Esq. (orally), Jensen Baird Gardner Henry, Portland, ME, for Peter Anastos. John J. […]

STATE of Maine v. Kevin DAY. Supreme Judicial Court of Maine.Argued March 12, 1985. Decided March 29, 1985. Appeal from the District Court, Millinocket. Page 1100 Margaret Kravchuk, Dist. Atty., Gary F. Thorne, Michael Roberts (orally), Asst. Dist. Attys., Bangor, for plaintiff. Norman S. Heitmann, III (orally), East Millinocket, for defendant. Before McCUSICK, C.J., and […]

STATE of Maine, v. William NICKERSON. Supreme Judicial Court of Maine.Argued August 31, 1987. Decided January 5, 1988. Appeal from the Superior Court, Penobscot County. R. Christopher Almy, Dist. Atty., Philip Worden, Asst. Dist. Atty. (orally), Bangor, for the State. Martha J. Harris (orally), John D. Bunker, Paint, Lynch Harris, P.A., Bangor, for defendant. Before […]

SKI-LAND WOOLEN MILL and American Universal Insurance Company v. Nelson L. COLE. Supreme Judicial Court of Maine. July 12, 1972. Appeal from the Superior Court, Kennebec County. Page 845 Eaton, Peabody, Bradford Veague, by Thomas M. Brown, Bangor, for plaintiff. Shiro Jabar, by Burton G. Shiro, Waterville, for defendant. Before DUFRESNE, C.J., and WEBBER, WEATHERBEE, […]

Roland GIGUERE v. INHABITANTS OF the CITY OF AUBURN. Supreme Judicial Court of Maine. August 14, 1978. Appeal from the Superior Court, Androscoggin County. Edwin R. Michniewich (orally), Auburn, for plaintiff. Linnell, Choate Webber by G. Curtis Webber (orally), Auburn, for defendant. Before McKUSICK, C.J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY and NICHOLS, JJ. NICHOLS, Justice. […]

Nancy A. FREDETTE v. STATE of Maine et al. Supreme Judicial Court of Maine.Argued September 1, 1980. Reargued April 1, 1981. Decided April 14, 1981. Appeal from the Superior Court, York County. Page 396 Glassman, Beagle Ridge, Caroline D. Glassman (orally), Portland, C. Alan Beagle, Cloutier Woodman, James F. Cloutier, Portland, for plaintiff. William R. […]

695 A.2d 550 STATE of Maine v. Edmond CLOUTIER. Supreme Judicial Court of Maine.Submitted on Briefs January 10, 1997. Decided May 6, 1997. Appeal from the Superior Court, Somerset County, Kravchuk, J. Page 551 David W. Crook, District Attorney, Andrew Benson, Asst. Dist. Atty., Skowhegan, for State. Lara M. Nomani, Perkins, Townsend, Shay Nomani, Skowhegan, […]

Paul A. VILLA v. Claire SMITH. Supreme Judicial Court of Maine.Argued September 3, 1987. Decided December 24, 1987. Appeal from the Superior Court, Androscoggin County. Page 1311 Roderick H. Potter (orally), Potter Jamieson, Saco, for plaintiff. Neil S. Shankman (orally), Legal Center of Maine, Lewiston, for defendant. Before McKUSICK, C.J., and NICHOLS, WATHEN, GLASSMAN, SCOLNIK, […]

Cheryl S. (Perry) GARDNER v. Peter P. PERRY. Supreme Judicial Court of Maine. August 31, 1979. Appeal from the Superior Court, Androscoggin County. Page 722 Platz Thompson by Pasquale Maiorino (orally), Lewiston, for plaintiff. Orestis Garcia by Peter Garcia (orally), Lewiston, for defendant. Before McKUSICK, C.J., and WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ. WERNICK, Justice. […]