Category: Maine Supreme Judicial Court Opinions

STATE of Maine v. Steven WHITE. Supreme Judicial Court of Maine.Submitted on Briefs February 1, 1990. Decided February 26, 1990. Appeal from the Kennebec Superior Court, Alexander, J. David W. Crook, Dist. Atty., Augusta, for the State. Daniel J. Stevens, Pierce, Atwood, Scribner, Allen, Smith Lancaster, Augusta, for defendant. Before WATHEN, GLASSMAN, CLIFFORD, HORNBY and […]

STATE of Maine v. Stephanie McKINNEY. Supreme Judicial Court of Maine.Argued March 7, 1991. Decided March 28, 1991. Appeal from the Superior Court, Cumberland County, Browne, A.R.J. Page 311 Michael E. Carpenter, Atty. Gen. and Garry L. Greene (orally) Asst. Atty. Gen., Augusta, for the State. Paul F. Macri (orally), Berman, Simmons Goldberg, Lewiston, for […]

699 A.2d 1153 MAINE STATE ACADEMY OF HAIR DESIGN, INC., et al. v. COMMERCIAL UNION INSURANCE COMPANY, et al. Supreme Judicial Court of Maine.Argued March 5, 1997. Decided August 12, 1997. Appeal from the Superior Court, Cumberland County, Saufley, J. Page 1154 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

Lorraine NELSON et al. v. Maine TIMES. Supreme Judicial Court of Maine. June 3, 1977. Appeal from the Superior Court, Penobscot County. Page 1222 Kenneth C. Thompson, Old Town, for plaintiffs. Preti Flaherty by David M. Cohen, Peter H. Rysman, Portland, for defendant. Before DUFRESNE, C.J., and WEATHERBEE,[*] POMEROY, WERNICK and ARCHIBALD, JJ. [*] WEATHERBEE, […]

GUILFORD YACHT CLUB ASSOCIATION, INC. v. NORTHEAST DREDGING, INC. Supreme Judicial Court of Maine.Argued September 14, 1981. Decided December 21, 1981. Appeal from the Superior Court, Cumberland County. Page 479 Shaines, Madrigan McEachern, Professional Ass’n, Sanford Roberts (orally), Portsmouth, N.H., for plaintiff. Verrill Dana, Robert Moore, Andrew M. Horton (orally), Portland, for defendant. Before McKUSICK, […]

741 A.2d 448 STATE OF MAINE v. Donald J. MILLER. Docket Han-99-138.Supreme Judicial Court of Maine.Argued October 6, 1999. Decided December 8, 1999. Appeal from the Superior Court, Hancock County, Hjelm, J. Page 449 Attorneys for State: James Billings, Law Student (orally) Michael E. Povich, District Attorney. Attorney for defendant: Spencer Ervin, Esq., (orally). Before […]

STATE of Maine v. David RUSHER. Supreme Judicial Court of Maine.Argued November 10, 1983. Decided December 19, 1983. Appeal from the Superior Court, York County. Page 1009 Gene Libby, Dist. Atty., Michael Saucier, Asst. Dist. Atty., Alan M. Harris, Law Student (orally), Alfred, for plaintiff. Law Offices of Daniel Lilley, P.A., Daniel W. Bates (orally), […]

Charles W. CAPRON v. Marion D. CAPRON. Supreme Judicial Court of Maine. July 24, 1979. Appeal from the Superior Court, Cumberland County. Page 1218 Bernstein, Shur, Sawyer Nelson by Brenda T. Piampiano, Portland (orally), for plaintiff. Dunlap, Wood O’Brien by Murrough H. O’Brien, Portland (orally), for defendant. Before McKUSICK, C.J., WERNICK, ARCHIBALD, DELAHANTY and NICHOLS, […]

STATE of Maine v. Daniel MOODY. Supreme Judicial Court of Maine. March 2, 1972. Appeal from the Superior Court, Somerset County. Anthony J. Cirillo, County Atty., Pittsfield, William F. Gore, Asst. Atty. Gen., Augusta, for plaintiff. Perkins Townsend, by George W. Perkins, Skowhegan, for defendant. Before DUFRESNE, C.J., and WEBBER, WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, […]

Appeal of Jed DAVIS, General Election, House District 45. Supreme Judicial Court of Maine. February 18, 1977. Appeal from the Commission on Governmental Ethics and Election Practices. James E. Mitchell, Augusta, for appellant. Gordon H. Smith, Charles E. Moreshead, Augusta, for appellee. Donald G. Alexander, Asst. Atty. Gen., Augusta, for Attorney General. Page 629 Before […]

15 A.2d 188 CHARLES W. WOOD, JR., PRO AMI vs. JOSEPH BALZANO. CHARLES W. WOOD vs. JOSEPH BALZANO. Supreme Judicial Court of Maine. Cumberland. Opinion, September 11, 1940. REFERENCE AND REFEREES. NEGLIGENCE. MOTOR VEHICLES. Questions of fact are decided and settled by referees, and such decision will not be disturbed if supported by any evidence […]

110 A.2d 602 MURIEL E. DREW v. ALTON T. MAXIM Supreme Judicial Court of Maine. Cumberland. Opinion, December 6, 1954. Brokers. Contracts. Exceptions. Pleading. Damages. Where a case is heard by a justice without a jury with the right to except as to matters of law reserved and the justice gives judgment without specific findings […]

Harold S. BRAWN v. ST. REGIS PAPER COMPANY. Supreme Judicial Court of Maine.Argued May 12, 1981. Decided June 11, 1981. Appeal from the Superior Court, Hancock County. Page 844 Fellows, Kee Nesbitt, Samuel Nesbitt, Jr. (orally), Bucksport, for plaintiff. Mitchell Stearns, Kevin M. Cuddy (orally), Bangor, for defendant. Before McKUSICK, C.J., and WERNICK, NICHOLS, ROBERTS […]

Richard ERVEY v. NORTHEASTERN LOG HOMES, INC., et al. Supreme Judicial Court of Maine.Argued September 20, 1993. Decided February 28, 1994. Appeal from the Workers’ Compensation Board. Joseph P. Sudbay (orally), James J. MacAdam, McTeague, Higbee, Libner, MacAdam, Case Watson, Topsham, for employee. Paul A. Sighinolfi (orally), Jane E. Skelton, Rudman Winchell, Bangor, for employer. […]

67 A.2d 425 CHARLES A. PERRY AND FRANK C. PERRY vs. FRED DODGE Supreme Judicial Court of Maine. Waldo. Opinion, July 8, 1949. Equity. Weirs. The adequacy of a statutory remedy for a violation of rights created by statute is for the legislature and not for the court. The principle that the court in equity […]

705 A.2d 710 Mary A. STEINHERZ v. Richard D. WILSON. No. Yor-96-723.Supreme Judicial Court of Maine.Submitted on Briefs September 16, 1997. Decided January 28, 1998. Appeal from the Superior Court, York County, Brennan, J. John C. Bannon, Murray, Plumb Murray, Portland, for plaintiff. Alan E. Shepard, Hodsdon, Read Shepard, Kennebunk, for defendant. Before WATHEN, C.J., […]

163 A.2d 762 CENTRAL MAINE POWER CO. RE: INCREASE IN RATES CENTRAL MAINE POWER CO. vs. PUBLIC UTILITIES COMMISSION OF THE STATE OF MAINE ET AL. Supreme Judicial Court of Maine. Kennebec. Opinion, August 16, 1960. P.U.C. Scope of Review. Equity. Constitutional Law. Confiscation. Rates. The Legislature must be deemed to have understood and intended […]

18 A.2d 138 LAFORGE ET AL. vs. LEBLANC AND COMMERCIAL CASUALTY INSURANCE CO. IN EQUITY. Supreme Judicial Court of Maine. Penobscot. Opinion, February 3, 1941. INSURANCE. EQUITY. ACTIONS. In suits in equity, where there are several different parties but the same res is the subject of the litigation, or when there is such identity in […]

STATE of Maine v. Theodore J. NELSON. Supreme Judicial Court of Maine.Argued October 5, 1993. Decided March 10, 1994. Page 721 Appeal from the District Court, Penobscot County, Mead, J. R. Christopher Almy, Dist. Atty., Jeffrey Silverstein (orally), Asst. Dist. Atty., Bangor, for the State. Lawrence A. Lunn (orally), Hall Lunn, Bangor, for defendant. Before […]

Mary Cushing ANDERSON, et al. v. BUREAU OF PUBLIC LANDS. Supreme Judicial Court of Maine.Argued January 10, 1985. Decided April 2, 1985. Appeal from the Superior Court, Cumberland County. Page 212 Powers French, Robert R. Goodrich (orally), John L. French, Freeport, for plaintiffs. James E. Tierney, Atty. Gen., Paul Stern, Asst. Atty. Gen., (orally) Augusta, […]

73 A.2d 37 RALPH W. FARRIS, ATTORNEY GENERAL ON RELATION OF CARL E. ANDERSON, ET AL. vs. EDWARD T. COLLEY, ET AL. Supreme Judicial Court of Maine. Cumberland. Opinion, March, 1950. Municipal Corporations. Ordinances. Salaries. Initiative. A city is the creation of and subject to the control of the legislature. The powers are derived from […]

STATE of Maine v. Dennis L. HARDING, Jr. Supreme Judicial Court of Maine. December 3, 1979. Appeal from the Superior Court, Kennebec County. David W. Crook, Dist. Atty., Herbert Bunker, Jr., Asst. Dist. Atty., Augusta (orally), for plaintiff. Philip S. Bird, P.A., Fairfield (orally), for defendant. Before MCKUSICK, C.J., POMEROY, WERNICK and ARCHIBALD, JJ., and […]

692 A.2d 921 Peter BOISVERT, et al. v. Raymond REED, Jr., et al.[1] Supreme Judicial Court of Maine.Submitted on briefs November 22, 1996. Decided April 7, 1997. [1] The other defendants are Stanwood Les King, d/b/a The Moorings Inn, and the Town of Southwest Harbor. Appeal from the Superior Court, Hancock County, Smith, J. Kyle […]

203 A.2d 42 SIMON FRANCIS vs. H. SACKS AND SONS, ET AL. Supreme Judicial Court of Maine. Aroostook. August 20, 1964. Workmen’s Compensation. When there is a mistake of fact by the employee as to the cause and nature of the injury, it follows that the claim was timely filed and the Commission was in […]

959 A.2d 734 In re JACOB B. Docket: Pen-08-213.Supreme Judicial Court of Maine.Submitted on Briefs: October 2, 2008. Decided: November 13, 2008. Appeal from the Probate Court, Penobscot County, Woodcock, J. Page 735 Joseph Pickering, Esq., Largay Law Offices, P.A., Bangor, ME, for the father. Joseph M. Baldacci, Esq., Bangor, ME, for the mother. Panel: […]

BOARD OF OVERSEERS OF THE BAR v. Andrews B. CAMPBELL. Supreme Judicial Court of Maine.Submitted on Briefs March 7, 1988. Decided March 29, 1988. Appeal from the Board of Overseers of Bar. Page 209 J. Scott Davis, Karen G. Kingsley, Board of Overseers of the Bar, Augusta, for plaintiff. Andrews B. Campbell, Chestnut Hill, Mass., […]

Lawrence A. POULIN v. Gisele G. POULIN. Supreme Judicial Court of Maine. May 7, 1968. Appeal from the Superior Court, Kennebec County. Jerome G. Daviau, Waterville, for plaintiff. Albert L. Bernier, Waterville, for defendant. Before WILLIAMSON, C.J., and WEBBER, TAPLEY, MARDEN, WEATHERBEE, JJ. WEBBER, Justice. On appeal. Plaintiff brought his complaint for divorce in the […]

GUY GANNETT PUBLISHING CO. v. MAINE EMPLOYMENT SECURITY COMMISSION and Jessie W. Harris. Supreme Judicial Court of Maine. March 20, 1974. Appeal from the Superior Court, Kennebec County. Page 184 Preti Flaherty by John Paul Erler, Portland, for plaintiff. Merrill A. Tracey, Asst. Atty. Gen., Augusta, for defendant. Before DUFRESNE, C.J., and WEATHERBEE, POMEROY, WERNICK, […]

Ann Austin MACDONALD v. James Roger MACDONALD. Supreme Judicial Court of Maine.Argued may 9, 1989. Decided June 1, 1989. Appeal from the Superior Court of Cumberland County. Page 781 not precluded from reaffirming original alimony award. Affirmed. Ellyn Ballou (orally), South Freeport, for plaintiff. Justin W. Leary (orally), Robert A. Laskoff, P.A., Lewiston, for defendant. […]

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 in an Order Dated April 24, 1975. Answered May 1, 1975. Questions were propounded by the House to the Justices of the Supreme Judicial […]

65 A.2d 10 FLORENCE K. WHEELER vs. PHOENIX ASSURANCE COMPANY, LTD. Supreme Judicial Court of Maine. Somerset. Opinion, March 7, 1949. Insurance. Theft. Referee. The word “theft” in an automobile insurance policy should be given its usual common law meaning and to be a theft within the meaning of the policy there must be an […]

STATE of Maine v. Robert CREAMER. Supreme Judicial Court of Maine. June 23, 1976. Appeal from the Superior Court, Cumberland County. Page 604 Henry N. Berry, III, Dist. Atty., Peter G. Ballou, Asst. Dist. Atty., Portland, Janet T. Mills, Law Student, for plaintiff. Maurice Davis, Portland, for defendant. Before DUFRESNE, C.J., and WEATHERBEE, POMEROY, WERNICK, […]

715 A.2d 934 John NIEDOJADLO v. CENTRAL MAINE MOVING STORAGE CO., et al. Supreme Judicial Court of Maine.Argued June 8, 1998. Decided August 3, 1998. Appeal from the Superior Court, Penobscot County, Marsano, J. Page 935 Charles W. Cox (orally), Jude, Cox Tardy, Newport, for plaintiff. Edward W. Gould (orally), James S. Nixon, Gross, Minsky, […]

980 A.2d 1270 BLUE STAR CORPORATION v. CKF PROPERTIES, LLC, et al. Docket: Cum-08-621.Supreme Judicial Court of Maine.Submitted On Briefs: July 8, 2009. Decided: September 24, 2009. Appeal from the Superior Court, Cumberland County, Delahanty, J. Page 1271 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

977 A.2d 431 ST. MARY’S REGIONAL MEDICAL CENTER v. BATH IRON WORKS. Docket: WCB-08-663.Supreme Judicial Court of Maine.Argued: May 20, 2009. Decided: August 18, 2009. Page 432 Evan M. Hansen, Esq., Jonathan G. Mermin, Esq. (orally), Preti, Flaherty, Beliveau Pachios, LLP, Portland, ME, for Bath Iron Works. Sheilah R. McLaughlin, Esq. (orally), Douglas, Denham, Buccina […]

53 A.2d 699 RUBY R. McMULLEN vs. JESSEN A. CORKUM, AND TRUSTEES Supreme Judicial Court of Maine. Kennebec. June 16, 1947. Referees. Where no exceptions are reserved and where there is no fraud, prejudice or mistake on the part of a referee, the referee’s findings are conclusive. A “mistake” such as will authorize relief against […]

942 A.2d 670 Cecile Fongemie QUIRION v. Kevin GEROUX. Supreme Judicial Court of Maine.Submitted on Briefs: June 13, 2007. Decided: March 4, 2008. Appeal from the Superior Court, Penobscot County, Hjelm, J. Page 671 L. James Lavertu, Esq., Madawaska, ME, for Cecile Fongemie Quirion. Michael L. Rair, Esq., Bangor, ME, for Kevin Geroux. Panel: SAUFLEY, […]

66 A.2d 86 DEPOSITORS TRUST COMPANY TRUSTEE OF THE ESTATE OF JOSEPH M. CLOUTIER vs. RICHARD E. BRUNEAU AND MAURICE H. DREW RICHARD BRUNEAU AND MAURICE DREW vs. DEPOSITORS TRUST COMPANY TRUSTEE OF THE ESTATE OF JOSEPH CLOUTIER Supreme Judicial Court of Maine. Kennebec. Opinion, April 29, 1949. Contracts. Deeds. Referees. Incumbrances. Where contract by […]

89 A.2d 308 STATE OF MAINE BY INFORMATION OF ALEXANDER A. LAFLEUR, ATTORNEY GENERAL v. ROLAND L. MARCOTTE LUCIEN A. DRAPEAU PAUL L. GENEST DONAT E. BOISVERT RAYMOND L. POULIN ROBERT CARON AIME J. LAUZE ROBERT W. CARON Supreme Judicial Court of Maine. Androscoggin. Opinion, June 4, 1952. Elections. Time. Act of God. Notice. Regular […]

STATE of Maine v. Charles D. CAREY. Supreme Judicial Court of Maine. April 2, 1980. Appeal from the District Court, Cumberland County. Henry N. Berry, III, Dist. Atty., Peter G. Ballou, Deputy Dist. Atty., John H. Montgomery, III, Asst. Dist. Atty., orally, Portland, for appellant. Fitzgerald, Donovan, Conley Day, J. Michael Conley, III, orally, Theodore […]

Joan E. BUZZELL v. Omar C. BUZZELL. Supreme Judicial Court of Maine. December 1, 1967. Appeal from the Superior Court, Piscataquis County. Page 829 Bartolo M. Siciliano, Dexter, for plaintiff. John L. Easton, Jr., Dover-Foxcroft, for defendant. Before WILLIAMSON, C.J., and WEBBER, TAPLEY, MARDEN, DUFRESNE, and WEATHERBEE, JJ. WEBBER, Justice. With complaint for divorce pending, […]

Robert B. DOWNING v. Charles H. O’BRIEN and Helen V. O’Brien. Supreme Judicial Court of Maine. September 26, 1974. Appeal from the Superior Court of Penobscot County. Archer Downing by David R. Downing, Bucksport, for plaintiff. Charles H. O’Brien and Helen V. O’Brien, pro ses. Before DUFRESNE, C.J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD and DELAHANTY, […]

STATE of Maine v. Richard L. HILDINGS. Supreme Judicial Court of Maine.Argued June 1, 1992. Decided July 27, 1992. Appeal from the Superior Court, Lincoln County, Perkins, J. William R. Anderson, Dist. Atty., Gregory Dorr (orally), Asst. Dist. Atty., Wiscasset, for plaintiff. Liisa Hamilton (orally), Thomas A. Berry, Boothbay Harbor, for defendant. Before WATHEN, C.J., […]

In re Kenneth E. BERRY, Jr. v. Herman v. GIRARD d.b.a. Anderson’s Garage and/or Lumbermens Mutual Casualty Co. Supreme Judicial Court of Maine. August 2, 1974. Appeal from the Superior Court, Cumberland County. Bennett Schwarz by Barry Zimmerman, Portland, for plaintiff. Richardson, Hildreth, Tyler Troubh by Robert E. Noonan, Portland, for defendants. Before DUFRESNE, C.J., […]

CITY OF LEWISTON v. TRI-STATE RUBBISH, INC. Supreme Judicial Court of Maine.Argued January 4, 1996. Decided February 16, 1996. Appeal from the Superior Court, Androscoggin County, Fritzsche, J. Robert S. Hark (orally), City Attorney, City of Lewiston, Lewiston, for Plaintiff. Ralph A. Dyer (orally), Portland, for Defendant. Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, […]

William HARVIE v. BATH IRON WORKS CORP., et al. Daniel V. VENTRY, Jr. v. BATH IRON WORKS CORP., et al. Supreme Judicial Court of Maine.Argued March 16, 1989. Decided July 14, 1989. Appeal from the Workers’ Compensation Commission. Page 1024 Jonathan Reitman (orally), Janmarie Toker (orally), McTeague, Higbee, Libner, MacAdam Case, Topsham, for plaintiffs. Eve […]

Stephen R. BRACKETT v. MIDDLESEX INSURANCE COMPANY. Supreme Judicial Court of Maine.Argued November 15, 1984. Decided January 25, 1985. Appeal from the Superior Court, York County. Page 1189 Daughan, Kimmel Lenkowski, Paul L. Beach (orally), Joseph V. Lenkowski, Sanford, for plaintiff. Hewes, Culley Beals, Martica Sawin Douglas (orally), Portland, for defendant. Before McKUSICK, C.J., and […]

Arthur N. STEWART v. STATE of Maine et al. Supreme Judicial Court of Maine. December 8, 1969. Appeal from the Superior Court, Knox County. Strout, Adams Payson, by Joseph B. Pellicani, Rockland, for plaintiff. John W. Benoit, Jr., Asst. Atty. Gen., Augusta, for defendant. Before WEBBER, MARDEN, DUFRESNE and WEATHERBEE, JJ. DUFRESNE, Justice. This was […]