Category: Maine Supreme Judicial Court Opinions

Frederick W. LEADBETTER v. TOWN OF DEDHAM. Supreme Judicial Court of Maine. March 3, 1978. Appeal from the Superior Court, Penobscot County. Page 1047 Gross, Minsky, Mogul Singal by George Z. Singal (orally), Nathan Dane, III, Bangor, for plaintiff. Hale Hamlin by Barry K. Mills, Blue Hill (orally), for defendant. Before McKUSICK, C.J., and POMEROY, […]

766 A.2d 577 IN RE DYLAN B. Docket Pen-00-461Supreme Judicial Court of Maine.Submitted on Briefs January 11, 2001 Decided February 9, 2001 Appealed from the Penobscot County Probate Court, Woodcock, J. Kenneth W. Fredette, Esq., Newport, for appellant: Lawrence A. Lunn, Esq., Hall Lunn, Bangor, for appellees: Randy G. Day, Esq., Garland, Guardian ad Litem. […]

ESTATE OF Mary DODGE. Supreme Judicial Court of Maine.Argued June 15, 1990. Decided July 6, 1990. Appeal from the Probate Court of Lincoln County, Berry, J. Page 756 Mark L. Haley, Arlyn Weeks (orally), Conley, Haley O’Neil, Bath, for plaintiff. Paul F. Macri (orally), John E. Sedgewick, Berman, Simmons Goldberg, Lewiston, for defendant. Before McKUSICK, […]

STATE of Maine v. Fred VAHLSING. Supreme Judicial Court of Maine.Argued November 15, 1988. Decided April 11, 1989. Appeal from the Superior Court, Penobscot County, Smith, J. James E. Tierney, Atty. Gen. and James T. Kilbreth, Chief Deputy Atty. Gen., Augusta, for the State. Fred H. Vahlsing, Jr., Fort Fairfield, pro se. Bernard G. O’Mara […]

Alden BREWER v. INHABITANTS OF the TOWN OF CUMBERLAND. Supreme Judicial Court of Maine. November 2, 1973. Appeal from the Cumberland County Superior Court. Doyle Fuller, Jon R. Doyle, Craig H. Nelson, Augusta, for plaintiff. Mahoney, Desmond, Robinson Mahoney, by M. Roberts Hunt, Portland, for defendant. Before DUFRESNE, C.J., and WEATHERBEE, POMEROY, WERNICK, and ARCHIBALD, […]

Linwood GIBERSON, Jr. v. Rodney S. QUINN[1] . Supreme Judicial Court of Maine.Argued May 14, 1982. Decided May 27, 1982. [1] The complaint named as defendants David Schulz, Adjudications Manager, Motor Vehicle Division, and Rodney Quinn, Secretary of State. The parties agreed at oral argument that Schulz should be deleted as a defendant. Appeal from […]

795 A.2d 692 DAVID G. FLEMING v. COMMISSIONER, DEPARTMENT OF CORRECTIONS et al. Docket Kno-01-56.Supreme Judicial Court of Maine.Submitted October 2, 2001. Decided May 3, 2002. Appealed from the Superior Court, Knox County, Mead, C.J. David G. Fleming Maine State Prison, Warren, for plaintiff. G. Steven Rowe, Attorney General, Susan A. Sparaco, Asst. Attorney General, […]

Robert J. TAYLOR v. TOWN OF ORONO. Supreme Judicial Court of Maine.Argued October 31, 1990. Decided January 25, 1991. Appeal from the Superior Court, Penobscot County, Browne, A.R.J. Page 808 Joseph Ferris (orally), Ferris, Dearborn Willey, Brewer, for plaintiff. Thomas A. Russell, Timothy Woodcock (orally), Mitchell Stearns, Bangor, for defendant. Before McKUSICK, C.J., and ROBERTS, […]

13 A.3d 777 STATE of Maine v. Eric A. ERICSON. Docket: Aro-10-283.Supreme Judicial Court of Maine.Submitted on Briefs: December 1, 2010. Decided: March 3, 2011. Appeal from the Superior Court, Aroostook County, Cuddy, J. Page 778 Jeffrey M. Silverstein, Esq., Bangor, ME, for Eric Ericson. Neale T. Adams, District Attorney, Todd R. Collins, Asst. Dist. […]

CAMDEN AND ROCKLAND WATER COMPANY v. TOWN OF HOPE, et al. Supreme Judicial Court of Maine.Argued May 2, 1988. Decided June 30, 1988. Appeal from the Superior Court, Knox County. Page 828 Joseph B. Pellicani, (orally), Esther R. Barnhart, Strout, Payson, Pellicani, Hokkanen, Strong, Levine, Rockland, for plaintiff. Paul L. Gibbons, (orally) Cathy G. Morgan, […]

946 A.2d 421 MIDCOAST COHOUSING LAND ACQUISITION, LLC v. The RIVERHOUSE TRUST. No. Docket: Lin-07-167.Supreme Judicial Court of Maine.Argued: January 15, 2008. Decided: April 29, 2008. Appeal from the Wiscasset District Court, Westcott, A.R.J. Andrew W. Sparks, Esq. (orally), Benjamin P. Camp, Esq., Drummond Drummond, LLP, Portland, ME, for Midcoast Cohousing Land Acquisition, LLC. Page […]

STATE of Maine v. Kevin ROBERGE. STATE of Maine v. Kevin MICHAUD. Supreme Judicial Court of Maine.Argued May 10, 1994. Decided June 6, 1994. Appeal from the District Court, Augusta, Batherson, A.R.J. Donald W. Macomber (orally), Asst. Atty. Gen., Augusta, for State. J. Mitchell Flick (orally), Winthrop, for Roberge. Robert E. Sandy, Jr. (orally), Waterville, […]

STATE of Maine v. George A. LEWRY. Supreme Judicial Court of Maine.Argued May 7, 1986. Decided May 21, 1986. Appeal from the Superior Court, York County. Mary C. Tousignant, Dist. Atty., Stephen Schwartz, Asst. Dist. Atty., (orally), Alfred, for plaintiff. George A. Lewry, pro se, (orally). Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and […]

In re DEAN A. Supreme Judicial Court of Maine.Argued November 13, 1984. Decided April 26, 1985. Appeal from the District Court, Belfast. Suian C. Thiem (orally), Lincolnville, for plaintiff. Diane E. Doyen, Asst. Atty. Gen., Human Services Div. (orally), Augusta, for defendant. Moser Mailloux, Randolph Mailloux (orally), Belfast, Guardian Ad Litem. Before McKUSICK, C.J., and […]

STATE of Maine v. Lance Merle WARE. Supreme Judicial Court of Maine.Argued September 8, 1983. Decided October 12, 1983. Appeal from the Superior Court, Oxford County. Geoffrey A. Rushlau (orally), Asst. Dist. Atty., South Paris, for plaintiff. David W. Austin (orally), Rumford, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE and WATHEN, JJ. MEMORANDUM […]

948 A.2d 1223 Robert L. TOLLIVER Jr., as sole guardian and conservator of Lucas E. Tolliver v. DEPARTMENT OF TRANSPORTATION. No. Docket: Cum-06-687.Supreme Judicial Court of Maine.Argued: November 5, 2007. Decided: May 13, 2008. Appeal from the Superior Court, Cumberland County, Delahanty, J. Page 1224 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

974 A.2d 916 ADOPTION OF HALI D. No. Docket: Sag-08-502.Supreme Judicial Court of Maine.Submitted on Briefs: June 4, 2009. Decided: July 16, 2009. Appeal from the Sagadahoc County Probate Court, Voorhees, J. Page 917 Erika S. Bristol, Esq., Auburn, ME, for the father. E. Anne Carton, Esq., Law Office of E. Anne Carton, Brunswick, ME, […]

979 A.2d 1279 The PORTLAND COMPANY v. The CITY OF PORTLAND. Docket: Cum-08-684.Supreme Judicial Court of Maine.Argued: June 17, 2009. Decided: September 3, 2009. Appeal from the Superior Court, Cumberland County, Delahanty, J. Page 1280 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

724 A.2d 1231 STATE of Maine v. Jeffrey G. ANDERSON et al. State of Maine v. Scott Ireland Supreme Judicial Court of Maine.Argued January 7, 1999 Decided January 28, 1999 Appeal from the Superior Court, York County, Brennan and Fritzsche, JJ. Page 1232 Andrew Ketterer, Atty. Gen., Joseph A. Wannamacher, Asst. Atty. Gen., Augusta, for […]

854 A.2d 228 IN RE BRANDON D. et al. Docket: Pen-04-8.Supreme Judicial Court of Maine.Submitted on Briefs: June 24, 2004. Decided: July 27, 2004. Appeal from the judgments of the Penobscot County Probate Court, Woodcock, J. Page 229 Chris Ruge, Esq., Griffin Jordan, LLC Orono, ME, Attorney for appellant. Barbara L. Crider, Esq., Bangor, ME, […]

207 A.2d 406 FARRAR BROWN COMPANY vs. ERNEST H. JOHNSON, STATE TAX ASSESSOR Supreme Judicial Court of Maine. Cumberland. Opinion, March 2, 1965. Sales Tax. Assessments. Tax assessor could not make sales tax deficiency assessment when taxpayer’s sales records showed gross sales and credits due retailers on exempt sales were adequate to enable tax assessor […]

Kathryn E. COOK v. LISBON SCHOOL COMMITTEE. Supreme Judicial Court of Maine.Argued June 12, 1996. Decided August 12, 1996. Appeal from the Superior Court, Androscoggin County, Saufley, J. Page 673 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 674 Bryan M. Dench […]

FIELD INDUSTRIES, INC. v. D.J. WILLIAMS, INC., Branrose Realty, Inc., and Doran-Maine, Inc. Supreme Judicial Court of Maine.Argued January 12, 1984. Decided February 6, 1984. Appeal from the Superior Court, Androscoggin County. Page 1267 Trafton Matzen, R. Barrie Michelsen (orally), Richard L. Trafton, Auburn, for plaintiff. Brann Isaacson, Alfred Frawley (orally), George S. Isaacson, Lewiston, […]

STATE of Maine v. Mikeal LEMAR. Supreme Judicial Court of Maine.Argued September 11, 1984. Decided October 29, 1984. Appeal from the Superior Court, Kennebec County. David W. Crook (orally), Dist. Atty., William E. Baghdoyan, Asst. Dist. Atty., Augusta, for plaintiff. James E. Millet (orally), Waterville, for defendant. Before McKUSICK, C.J., NICHOLS, VIOLETTE, WATHEN, GLASSMAN and […]

9 A.2d 265 YORK COUNTY SAVINGS BANK vs. AGLAIE WENTWORTH. Supreme Judicial Court of Maine. York. Opinion, November 24, 1939. BANKS AND BANKING. MORTGAGES. The alleged failure of trustees of savings bank to comply with statutory enactments with reference to making of loans and foreclosure of mortgages securing loans was not a defense to proceeding […]

Linda CLARK et al. v. Linus STITHAM et al. Supreme Judicial Court of Maine.Argued November 14, 1983. Decided December 7, 1983. Appeal from the Superior Court, Piscataquis County. Strout, Payson, Pellicani, Cloutier, Hokkanen, Strong Levine, Esther R. Barnhart (orally), Joseph M. Cloutier, Rockland, for plaintiffs. Gross, Minsky, Mogul Singal, Jules L. Mogul (orally), Rudman Winchell, […]

STATE of Maine v. Donald CHRISTEN. Supreme Judicial Court of Maine.Argued June 12, 1996. Decided July 10, 1996. Appeal from the Superior Court, Somerset County, Alexander, J. David W. Crook, District Attorney, William Baghdoyan (orally), Assistant District Attorney, Skowhegan, for the State. M. Michaela Murphy (orally), Daviau, Jabar Batten, Waterville, for Defendant. Before WATHEN, C.J., […]

STATE of Maine v. Timothy Scott SMITH. Timothy Scott SMITH v. Stan KNOX, et al.[1] Supreme Judicial Court of Maine.Argued March 8, 1990. Decided April 18, 1990. [1] Smith’s appeal of the order revoking probation has been consolidated with his appeal of the Superior Court’s dismissal of a petition for a writ of habeas corpus […]

Romeo W. DUBE and Juliette L. Dube v. Joseph J. McIVER and Roland Rankin, Sr. Supreme Judicial Court of Maine.Argued January 20, 1981. Decided July 7, 1981. Appeal from the Superior Court, Kennebec County. Page 631 Pierce, Atwood, Scribner, Allen, Smith Lancaster, Phillip E. Johnson (orally), Augusta, for plaintiff. Locke, Campbell Chapman, Nicholas M. Lanzilotta […]

83 A.2d 568 STATE OF MAINE v. CYRIL D. CLUKEY Supreme Judicial Court of Maine. Piscataquis. Opinion, October 10, 1951. Criminal Law. Assault with Intent to Rape. Indictments. An indictment charging “assault” with intent to “ravish and carnally know and abuse” sufficiently charges the crime of assault with intent to rape under R.S., 1944, Chap. […]

56 A.2d 73 WILLIAM P. McCOBB vs. PIONEER LUMBER COMPANY Supreme Judicial Court of Maine. Waldo. Opinion, December 15, 1947. PER CURIAM. This action of trespass comes forward for review on the defendant’s general motion and exceptions. The plaintiff is the owner of a cutover wood lot lying on the northerly side of Colman Pond […]

STATE of Maine v. R. Timothy OSGOOD. Supreme Judicial Court of Maine.Argued January 21, 1986. Decided February 24, 1986. Appeal from the Superior Court, Penobscot County. Page 479 R. Christopher Almy, Dist. Atty., Philip Worden (orally), Asst. Dist. Atty. Bangor, for plaintiff. Tanous Heitmann, Norman S. Heitmann, III (orally), Millinocket, for defendant. Before McKUSICK, C.J., […]

748 A.2d 1009 NEW ENGLAND OUTDOOR CENTER et al.[1] v. COMMISSIONER OF INLAND FISHERIES AND WILDLIFE. Docket Ken-99-325.Supreme Judicial Court of Maine.Argued January 5, 2000. Decided April 14, 2000. [1] The other petitioners are Crab Apple Whitewater, Inc., Magic Falls Rafting Co., Maine Whitewater, Inc., North Country Rivers, Inc., Professional River Runners of Maine, Inc., […]

103 A.2d 511 STATE OF MAINE v. NICHOLAS PAPALOS ALSO KNOWN AS NICK PAPALOS Supreme Judicial Court of Maine. Kennebec. Opinion, March 10, 1954. Perjury. Pleading. Indictments. R.S., 1944, Chap. 122, Sec. 4. Constitutional Law. The essentials of an indictment, even though set forth in prescribed form by the Legislature, must comply with constitutional limitations […]

794 A.2d 639 DEPARTMENT OF HUMAN SERVICES o/b/o GRETA WADE v. DANIEL POULIN. Docket Cum-01-360.Supreme Judicial Court of Maine.Submitted on briefs November 30, 2001. Decided April 8, 2002. Appealed from the Superior Court, Cumberland County, Brennan, J. G. Steven Rowe, Attorney General, E. Mary Kelly, Asst. Attorney, Augusta, for plaintiff. Francis M. Jackson, Esq., Jackson […]

STATE of Maine v. Marshall CARMICHAEL. Supreme Judicial Court of Maine. December 29, 1978. Appeal from the Superior Court, Aroostook County. John E. Welch, Dist. Atty., Richard L. Rhoda (orally), Asst. Dist. Atty., Houlton, for plaintiff. Jordan Goodridge by Donald H. Goodridge (orally), Houlton, for defendant. Before McKUSICK, C.J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY, GODFREY […]

874 A.2d 891 Suzanne WHITE v. Chad NASON. Supreme Judicial Court of Maine.Submitted on Briefs: March 24, 2005. Decided: June 17, 2005. Appeal from the District Court, Skowhegan County, Vafiades, C.J. Page 892 Anthony P. Shusta II, Madison, for plaintiff. M. Michaela Murphy, Jabar, Batten, Ringer Murphy, Waterville, for defendant. Panel: SAUFLEY, C.J., and CLIFFORD, […]

STATE of Maine v. Edward R. FITZHERBERT. Supreme Judicial Court of Maine. February 5, 1969. Appeal from the Superior Court, Oxford County. Page 761 David Aldrich, County Atty., South Paris, for plaintiff. Gaston M. Dumais, Lewiston, for defendant. Before WILLIAMSON, C.J., and WEBBER, TAPLEY, MARDEN, DUFRESNE, and WEATHERBEE, JJ. WEBBER, Justice. The defendant appeals from […]

STATE of Maine v. Raymond H. YOUNG. Supreme Judicial Court of Maine. August 21, 1978. Appeal from the Superior Court, Cumberland County. Henry N. Berry, III, Dist. Atty., Peter G. Ballou (orally), Deputy Dist. Atty., Portland, for plaintiff. Richardson, Hildreth, Tyler Troubh by Ronald D. Russell (orally), Portland, for defendant. Before McKUSICK, C.J., and POMEROY, […]

COMMUNITY TELECOMMUNICATIONS CORP. v. Joseph A. LOUGHRAN. Supreme Judicial Court of Maine.Argued November 15, 1994. Decided December 21, 1994. Appeal from the Superior Court, Kennebec County, Chandler, J. Page 374 Malcolm L. Lyons (orally), Pierce, Atwood, Scribner, Allen, Smith Lancaster, Benjamin Townsend, Portland, for plaintiff. Mark Horton, Verrill Dana, Portland, Todd S. Brilliant, New England […]

29 A.2d 651 FRANKLIN PAINT COMPANY vs. PATRICK J. FLAHERTY. Supreme Judicial Court of Maine. Cumberland. Opinion, March 2, 1943. Account. Non-Acceptance of Goods. Reasonable Time. In an action of assumpsit on an account annexed, recovery of the purchase price may not be had unless acceptance of the goods sold be shown. Under the Uniform […]

George CAYER v. Melvin LANE, Leroy Lane, and Leslie Lane. Supreme Judicial Court of Maine. August 4, 1978. Appeal from the Superior Court, Somerset County. Daviau Daviau by Robert J. Daviau, Waterville (orally), for plaintiff. Levine, Brody Levine by Frederick E. Levine (orally), Morton A. Brody, Waterville, for defendants. Before POMEROY, WERNICK, ARCHIBALD, GODFREY and […]

695 A.2d 562 Calvin W. HAFFORD et al. v. TOWN OF ALLAGASH Supreme Judicial Court of Maine.Submitted on Briefs April 25, 1997. Decided May 22, 1997. Appeal from the Superior Court, Aroostook County, Pierson, J. Norman G. Trask, Currier Trask, P.A., Presque Isle, for plaintiffs. Richard N. Solman, Solman Hunter, P.A., Caribou, for defendant. Before […]

23 A.2d 316 ISAAC M. BOOTHBY ET AL. vs. CITY OF WESTBROOK ET AL. Supreme Judicial Court of Maine. Cumberland. Opinion, November 13, 1941. Authority of a city to regulate the keeping of explosive and illuminating substances discussed. Application of the Fourteenth Amendment guaranteeing equal protection of the law to such regulatory ordinances. “Property” defined. […]

Donald O. SMITH v. Robert M. TONGE, Muriel S. Tonge, and Lois S. Jones. Supreme Judicial Court of Maine. August 25, 1977. Appeal from the Superior Court, Kennebec County. Page 110 Locke, Campbell Chapman by Joseph B. Campbell, Augusta, for plaintiff. Levine, Brody Levine by Morton A. Brody, Frederick E. Levine, Waterville, for Muriel Tonge. […]