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   State Courts - Maine - April 13 - April 30, 2007

  
Corner v. City of Portland, CIVIL ACTION DOCKET NO: AP06-042, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, April 13, 2007, Decided
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Kelly v. Walsh, CIVIL ACTION DOCKET NO: CV06-592, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, April 13, 2007, Decided
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Popanz v. Gendron, CIVIL ACTION DOCKET NO: CV06-688, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, April 13, 2007, Decided
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MacPherson v. Estate of MacPherson, Docket: Han-06-370, SUPREME JUDICIAL COURT OF MAINE, April 17, 2007, Decided
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Overview: Wife's motion to vacate a divorce judgment on the basis that the husband had died before the appeal period expired was properly denied because the divorce judgment fully disposed of the entire divorce proceeding, and, pursuant to Me. R. Civ. P. 80(f) and otherwise, was final when the husband died. No appeal was pending when the husband died.

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Dalphonse v. St. Laurent & Son, Inc., Docket: And-06-357, SUPREME JUDICIAL COURT OF MAINE, April 19, 2007, Decided
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Overview: Where judgment was not entered for three years after trial on nuisance and trespass claims, a trial court should have allowed additional evidence on a motion to reopen in order to assess if property owners incurred additional damages since trial from a neighboring gravel pit operation; the trial court also erred in calculating reclamation damages.

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Spear v. Town of Wells, Docket: WCB-06-67, SUPREME JUDICIAL COURT OF MAINE, April 24, 2007, Decided
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Overview: Workers' compensation decision was remanded because hearing officer's findings were inconsistent, and appellate court was unable to determine if preexisting back condition was erroneously treated as a subsequent nonwork injury, or as noncompensable, and was unable to determine if it was error to apply Me. Rev. Stat. Ann. tit. 39-A, § 201(5).

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State v. Cupstid, CRIMINAL ACTION DOCKET NO.: CR-06-582, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, April 26, 2007, Decided, April 26, 2007, Filed and Entered
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Stevenson v. Town of Kennebunk, Docket: Yor-06-18, SUPREME JUDICIAL COURT OF MAINE, April 26, 2007, Decided
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Overview: Board's denial of owners' request for property tax abatement made by two board members due to the resignation of a third board member was a nullity because Kennebunk, Me., Charter art. III, § 3.06(2)(a) provided that board was composed of three members. Board lacked authority to function and did not legally exist when it had only two members.

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Ames v. Cole-Harrison Agency & Peerless Ins. Co., CIVIL ACTION DOCKET NO: CV-05-171, SUPERIOR COURT OF MAINE, YORK COUNTY, April 30, 2007, Decided
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State v. Gonzalez, Docket No: CR-06-3072, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, April 30, 2007, Decided
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