83 results for 'court:"Maine Supreme Court"'.
J. Douglas finds that the lower court properly granted partial summary judgment to the neighboring property owner in this dispute involving "a contract zone agreement" that would have allowed for development of certain real property. The 2017 agreement was rendered null and void pursuant to a certain permit deadline. The 2021 agreement is also void based on the city's violation of its contract zoning ordinance. Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: May 2, 2024, Case #: 2024ME32, Categories: Real Estate, Zoning
J. Connors finds that the lower court improperly convicted defendant on two of the sexual offenses but properly convicted him on the other. At issue is whether the evidence sufficiently established the age of the victim. The court concludes that the evidence proves the victim was under the age of 14 but not under the age of 12. Accordingly, the convictions on the Class A and B offenses are vacated, and the matter is remanded for resentencing as to the Class C offense of unlawful sexual contact. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: April 30, 2024, Case #: 2024ME31, Categories: Evidence, Sentencing, Sex Offender
J. Lawrence finds that the lower court properly dismissed the complaint in this declaratory judgment action concerning certain immunization requirements for emergency medical service workers. Contrary to the appellants' argument on appeal, "the EMS Board did not exceed its statutory authority in issuing the EMS immunization rule." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 25, 2024, Case #: 2024ME30, Categories: Administrative Law, Health Care
J. Horton finds that the lower court properly ruled for the defendant restaurant operator in this lawsuit brought by a pair of customers alleging race discrimination under the Maine Human Rights Act, based on an alleged racial slur by one of the restaurant's employees. The lower court did not err in determining that the company was not vicariously liable for the employee's actions, as the company has a zero-tolerance policy regarding discrimination and promptly responded to the customer's complaint. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 18, 2024, Case #: 2024ME27, Categories: Civil Procedure, Civil Rights, Employment
J. Lawrence finds that the lower court properly granted the insurance company's motion for summary judgment in this declaratory judgment action regarding its duty to indemnify an individual in a separate wrongful death case. The lower court did not err in its determination that the individual was not covered under the company's business owners insurance policy, based on his alleged conduct, which was not related to the business. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 18, 2024, Case #: 2024ME28, Categories: Insurance, Indemnification
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J. Stanfill finds that the lower court properly convicted defendant of OUI pursuant to a conditional plea of guilty. On appeal, defendant contends that the seizure was unlawful, because it occurred in his home's curtilage without a warrant. However, the argument was not properly preserved, and the court does not find obvious error in the proceeding. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: April 18, 2024, Case #: 2024ME29, Categories: Criminal Procedure, Dui
J. Lawrence finds that the lower court properly sentenced defendant on two counts of manslaughter and other charges stemming from a multi-vehicle accident that allegedly "resulted in the death of two drivers." Defendant was sentenced to 30 years, "with all but twenty-five years suspended," and he now argues that the sentence was not "proportioned to the offense." However, the lower court correctly considered the facts of the case, including that defendant was allegedly driving a loaded tractor-trailer while "ill, fatigued, and under the influence of prescription drugs and alcohol." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 16, 2024, Case #: 2024ME26, Categories: Sentencing, Dui, Manslaughter
J. Horton finds that the lower court improperly granted a petition for post-conviction relief based on defendant's allegation of ineffective assistance of counsel. The post-conviction court vacated the petitioner's manslaughter conviction and ordered a new trial, concluding that his attorneys failed to present an adequate self-defense argument. However, the trial court found that his belief that "his use of deadly force was necessary" was objectively unreasonable, which is a finding that "would have negated a self-defense argument" as a matter of law. Accordingly, the matter is remanded to the post-conviction court for the petition to be denied. Vacated.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 11, 2024, Case #: 2024ME25, Categories: Ineffective Assistance, Self Defense, Manslaughter
J. Douglas finds that the lower court improperly sentenced defendant following her guilty plea to unlawful possession of scheduled drugs. The lower court abused its discretion in imposing "an unsuspended, three-year prison sentence" based on an "interconnection of drugs with homicides" that had no basis in the record. Defendant's alleged conduct did not involve violence, and there was no evidence she had ever been violent. Additionally, the court failed to reconcile the sentence at issue with a previously imposed sentence. Vacated.
Court: Maine Supreme Court, Judge: Douglas, Filed On: April 9, 2024, Case #: 2024ME24, Categories: Drug Offender, Sentencing
J. Horton finds that the lower court improperly interpreted a will left by the appellants' late father. The probate court erred in ruling that "the will includes an ambiguous devise of land" as to one of the children and that the share that would have passed to her "instead falls into the estate residue and passes to the residuary devisees." The court rules that there is no reason for the alleged ambiguity "to defeat the entire devise." Vacated.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 2, 2024, Case #: 2024ME23, Categories: Real Estate, Wills / Probate
J. Mead finds that the lower court improperly dismissed the appellants' complaint for declaratory judgment, in which they challenge the constitutionality of the state's "longstanding Sunday hunting ban." The couple argued that the ban conflicts with a new right-to-food amendment, and the court holds that their complaint did present a "judiciable claim." The court does not agree with their argument that the ban "has been rendered unconstitutional," however, and the matter is remanded for entry of judgment. Vacated.
Court: Maine Supreme Court, Judge: Mead, Filed On: March 28, 2024, Case #: 2024ME22, Categories: Civil Procedure, Constitution
J. Connors finds that the lower court properly granted the town's summary judgment motion in this action concerning its "adoption of an amendment to its Land Use Ordinance regarding vacation rentals." A supermajority was not needed to pass the amendment, based on the statutory language. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: March 26, 2024, Case #: 2024ME21, Categories: Municipal Law, Real Estate
J. Douglas finds that the lower court properly approved the report of a referee for the distribution of an estate. The appellant challenges "several aspects" of the report and contends that the lower court erred by not holding a hearing on his amended objection. Contrary to his arguments, however, the lower court properly applied the correct probate code to the estate, and it had already held a hearing on a "virtually identical objection." Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: March 19, 2024, Case #: 2024ME20, Categories: Property, Wills / Probate
J. Connors finds that the lower court improperly entered judgment for the customer in this suit to collect an alleged credit card debt. The bank did not receive sufficient notice of the hearing, as the notices that went out "indicated that mediation and a debt collection hearing would occur simultaneously." Additionally, the bank was denied the chance to participate in "the ordered mediation." Accordingly, the court concludes that the bank's due process rights were violated. Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: March 12, 2024, Case #: 2024ME19, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Stanfill finds the lower court improperly overturned a ruling in a small claims action for the purchasers of a used car, a 2011 Volvo, that allegedly had problems with the catalytic converters. It is unclear the evidence could not support a finding that the dealer breached the warranty of inspectability. Accordingly, the matter is remanded to affirm the small claims judgment. Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: March 7, 2024, Case #: 2024ME18, Categories: Vehicle, Product Liability, Warranty
J. Connors finds that the Business and Consumer Docket improperly ruled for the bank in this action to recover personal property in connection with a loan. The borrowers argue that the bank failed to make disclosures under the Truth in Lending Act, while the bank contends that the the "credit transaction is not subject to TILA." The court concludes that the lower court improperly assessed the nature of the loan and remands the case to the BCD to determine whether the loan is exempt from TILA under Section 1603(1), specifically by viewing the totality of the circumstances to establish if it was "for business or commercial purposes." Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: February 29, 2024, Case #: 2024ME17, Categories: Civil Procedure, Banking / Lending
J. Stanfill finds that the lower court improperly set aside a partial settlement agreement in this partition case dividing certain real property. The court concludes that the settlement agreement at issue "was valid and enforceable." Accordingly, the matter is remanded "to determine the meaning of the agreement and partition the property accordingly." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 31, 2024, Case #: 2024ME14, Categories: Civil Procedure, Real Estate
J. Jabar finds that the lower court improperly terminated the mother's parental rights to her older child. The lower court's findings fail to address certain "important issues that must be answered" before establishing whether the mother is unfit. Specifically, the record does not show that "the mother would be unfit even if the Department had met its legal duty" to provide skilled nursing care for the child. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 31, 2024, Case #: 2024ME16, Categories: Civil Procedure, Family Law, Health Care
J. Douglas finds that the lower court properly convicted defendant of domestic violence stalking and violating a protective order. The evidence indicates that defendant "subjected the victim to repeated contacts by phone calls and texts, despite her telling him to stop," and even contacted her "after being served with the protection order." The court also notes that the case was not about the content of defendant's statements to the victim, but rather the "persistent, unwelcome contact." Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: January 31, 2024, Case #: 2024ME15, Categories: Domestic Violence, Harassment
J. Stanfill finds that the lower court judgment should be vacated and the appellants' petition for judicial review dismissed based on a lack of jurisdiction. The petition sought review of an email from the mining coordinator of the Department of Environmental Protection, but the email being challenged is not "a final agency action." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 30, 2024, Case #: 2024ME10, Categories: Civil Procedure, Environment
J. Lawrence finds that the lower court properly convicted defendant on drug-trafficking charges, as well as possession of a firearm by a prohibited person and criminal forfeiture of property. Contrary to defendant's argument on appeal, the state's "immunity statutes do not apply in this case." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 30, 2024, Case #: 2024ME12, Categories: Drug Offender, Firearms
J. Connors finds that the Public Utilities Commission properly extended "a waiver of the standard depreciation rate for the Maine Water Company - Millinocket Division." The Commission properly applied Chapter 110 and did not abuse its discretion. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: January 30, 2024, Case #: 2024ME11, Categories: Civil Procedure, Water
J. Jabar finds that the lower court improperly ordered the discharge of a mortgage. The right-to-cure notice was defective, but there was not a counterclaim for declaratory judgment. Accordingly, the lower court erred "by declaring the effect of its judgment." Vacated in part.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 30, 2024, Case #: 2024ME13, Categories: Civil Procedure, Real Estate
J. Jabar finds that the lower court properly convicted defendant of theft by misapplication of property following a jury trial. Defendant contends that he was entitled to an acquittal based on a statute of limitations defense and that the evidence did not support his conviction. The court notes that the parties "effectively" treated the limitations defense as waived, and the evidence shows that defendant had "a fiduciary obligation to safeguard and distribute the settlement funds" at issue. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 25, 2024, Case #: 2024ME6, Categories: Theft, Property
J. Stanfill finds that the lower court improperly determined the father's child support obligation in this case concerning parental rights and responsibilities. The father argues that the lower court erred by including "his employer's cost of providing health insurance to him in his gross income." The court agrees, noting that an in-kind payment can be included "only to the extent that the payment actually reduces a parent's personal living expenses." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 25, 2024, Case #: 2024ME9, Categories: Civil Procedure, Family Law
J. Stanfill finds that the lower court properly granted summary judgment in favor of the university system in this suit alleging that it failed to timely pay an employee's wages and should be subject to penalties. The employee, who taught certain law classes, is exempt from the statutory requirements at issue, as he is "compensated on a fee basis." Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 25, 2024, Case #: 2024ME8, Categories: Education, Employment
J. Horton finds that the lower court properly denied defendant's petition for post-conviction review, in which he alleged ineffective assistance of counsel after pleading guilty to certain drug trafficking charges under a plea agreement and receiving "concurrent sentences of twelve years straight." He contends that his counsel failed to adequately advise him of the "risk associated with the twelve-year cap option." However, counsel properly evaluated the risks, and his advice was not unreasonable. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: January 25, 2024, Case #: 2024ME7, Categories: Drug Offender, Ineffective Assistance, Sentencing
Per curiam, the Maine Supreme Court dismisses this appeal pertaining to Donald Trump's candidacy for the Maine Republican Party's presidential primary on March 5, 2024. The Secretary of State, who previously determined that Trump's petition was invalid, appeals the lower court order remanding the matter to the Secretary of State. However, the remand order is "interlocutory and not justiciable," meaning the appeal is due to be dismissed.
Court: Maine Supreme Court, Judge: Per curiam, Filed On: January 24, 2024, Case #: 2024ME5, Categories: Civil Procedure, Elections
J. Lawrence finds that the lower court properly convicted defendant for domestic violence assault following a jury trial. The court fails to "reach a majority opinion as to the voir dire issue," but it rejects defendant's other arguments on appeal concerning certain evidentiary rulings. The jury's verdict was supported by sufficient evidence, "even if the excluded text messages had been admitted at trial." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 23, 2024, Case #: 2024ME4, Categories: Evidence, Assault, Domestic Violence
J. Lawrence finds that certain portions of the underlying divorce judgment are not supported by specific findings. Accordingly, the provisions regarding parent-child contact and the computation of the appellant's income must be remanded for further proceedings. Vacated in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 18, 2024, Case #: 2024ME3, Categories: Civil Procedure, Family Law