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   State Courts - Maine - May 17 - May 22, 2007

  
Lowd v. Dimoulas, Docket: Pen-06-354, SUPREME JUDICIAL COURT OF MAINE, May 17, 2007, Decided
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Sanborn v. Town of Sebago, Docket: Cum-06-413, SUPREME JUDICIAL COURT OF MAINE, May 17, 2007, Decided
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Overview: Under Me. Rev. Stat. Ann. tit. 30-A, § 4353(1), a zoning board had jurisdiction over an appeal challenging the issuance of a building permit because it alleged a zoning ordinance violation. However, the case was remanded because the zoning board's findings as to the setback issue raised were insufficient for appellate review.

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Grich v. Anthem Health Plans of Me., CIVIL ACTION DOCKET NO. CV-06-529, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, May 18, 2007, Decided
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Xwave New Eng. Corp. v. McLean, CIVIL ACTION DOCKET NO. CV-07-16, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, May 18, 2007, Decided
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Xwave New Eng. Corp. v. Ziegenfus, CIVIL ACTION DOCKET NO. CV-07-15, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, May 18, 2007, Decided
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DaimlerChrysler Corp. v. Exec. Dir., Me. Revenue Serv., Docket: Ken-06-503, SUPREME JUDICIAL COURT OF MAINE, May 22, 2007, Decided
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Overview: A vehicle manufacturer was not entitled to a refund of sales tax pursuant to Me. Rev. Stat. Ann. tit. 36, § 2011 because it was not a taxpayer pursuant to Me. Rev. Stat. Ann. tit. 36, § 111. The manufacturer was not paying a tax to the State; it was reimbursing the consumer for the tax that the consumer paid to the State.

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Hurley v. Hurley, Docket: Sag-06-440, SUPREME JUDICIAL COURT OF MAINE, May 22, 2007, Decided
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Overview: Trial court properly disqualified a husband's attorney in a divorce action, as the attorney had previously represented the wife in a personal injury action, and under Me. Bar R. 3.4(d)(1)(i), the prior action was substantially related to the current action, and confidential information provided to the attorney was relevant to the current action.

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Leary v. Leary, Docket: Pen-06-414, SUPREME JUDICIAL COURT OF MAINE, May 22, 2007, Decided
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Overview: Trial court did not abuse its discretion in ordering division of marital property that reflected de facto division of property parties made during marriage. Although value of marital property division was not equal, it was just pursuant to Me. Rev. Stat. Ann. tit. 19-A, § 953(1) because it mirrored how parties divided property during marriage.

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Monroe v. Lavallee, CIVIL ACTION DOCKET NO. CV-06-280, CV-06-369, SUPERIOR COURT OF MAINE, YORK COUNTY, May 22, 2007, Decided
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Trottier v. Thomas Messer Builders, Docket: WCB-06-3, SUPREME JUDICIAL COURT OF MAINE, May 22, 2007, Decided
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Overview: In a multi-injury workers' compensation proceeding, a hearing officer erred in ordering a builder to reimburse a construction company, because under Me. Rev. Stat. Ann. tit. 39-A, § 354(2) (2006), the company was responsible for the entire benefit as the employee's earning capacity exceeded his average weekly wage while employed by the builder.

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