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   State Courts - Maine - March 30 - April 4, 2006

  
Brawn v. Oral Surgery Assocs., P.A., Docket: Cum-04-585, SUPREME JUDICIAL COURT OF MAINE, March 30, 2006, Decided
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Overview: In an action against oral surgeons who surgically implanted Vitek devices in the patients' temporomandibular joints to relieve malfunctions, the supreme judicial court upheld summary judgment in favor of defendants because none of the patients' claims were brought within the three-year statute of limitations in Me. Rev. Stat. Ann. tit. 24, § 2902.

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Fryeburg Water Co. v. Town of Fryeburg, Docket: Oxf-05-221, SUPREME JUDICIAL COURT OF MAINE, March 30, 2006, Decided
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Overview: A public water utility was not required to obtain a permit to pump ground water under Fryeburg, Me., Land Use Ordinance § 17(g)(1) (1998). A general increase in the amount of water it pumped was not an impermissible expansion of a nonconforming use, and an abutter's appeal from permits issued to the utility in 1997, 2002, and 2003 was untimely.

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Von Schack v. Von Schack, Docket: Sag-05-328, SUPREME JUDICIAL COURT OF MAINE, March 30, 2006, Decided
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Overview: Although a Maine trial court did not have personal jurisdiction over a wife, who was a New York resident, it properly granted the husband a divorce and abstained from litigating issues related to property, spousal support, and parenting, as the requirements of Me. Rev. Stat. Ann. tit. 19-A, § 901(1)(A) (2005) were met and the wife had notice.

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Linnehan Leasing v. State Tax Assessor, Docket: Han-05-162 & Ken-05-183, SUPREME JUDICIAL COURT OF MAINE, March 31, 2006, Decided
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Overview: An auto dealer and its affiliated finance company were not so intertwined that they could be considered one "person" and a "retailer" pursuant to Me. Rev. Stat. Ann. tit. 36, §§ 111(3) and 1752(10) (2005) in order to qualify for the bad debt sales tax credit under Me. Rev. Stat. Ann. tit. 36, § 1181-A (2005), as they were two separate corporations.

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Tweedie v. Tweedie, CIVIL ACTION Docket No. CV-03-146, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, March 31, 2006, Filed
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McGee v. Dunlap, CIVIL ACTION DOCKET NO. AP-06-20, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, April 3, 2006, Decided
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STATE v. DAWAN-ABDULLAH, Docket No. CR-05-852, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, April 3, 2006, Decided , April 3, 2006, Filed
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Dionne v. LeClerc, Docket: Aro-05-43, SUPREME JUDICIAL COURT OF MAINE, April 4, 2006, Decided
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Overview: A referee properly found that plaintiffs held record title to a disputed plot of land, but their entitlement to timber trespass damages under Me. Rev. Stat. Ann. tit. 14, §§ 2510(2), 7552 was a jury question. Defendants were entitled to third-party damages for costs of defending the timber trespass and their title under the grantor's warranty deed.

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Oak Hill Realty Trust v. Reed, CIVIL ACTION DOCKET NO. RE-05-020, SUPERIOR COURT OF MAINE, YORK COUNTY, April 4, 2006, Decided
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