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   State Courts - Maine - June 26 - June 28, 2007

  
Comeau v. Town of Kittery, Docket: Yor-06-724, SUPREME JUDICIAL COURT OF MAINE, June 26, 2007, Decided
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Overview: When a town planning board designated the minutes of meetings to serve as findings, the board violated Kittery, Me., Land Use Ordinance § 16.36.070(C), which required findings of fact regarding twenty-nine separate requirements for a proposed recreational center. Thus, the board's decision to approve the project was vacated and remanded.

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Maroon Flooring, Inc. v. Austin, Docket: Ken-06-684, SUPREME JUDICIAL COURT OF MAINE, June 26, 2007, Decided
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Overview: Although defendant failed to provide any evidence of mistake, inadvertence, surprise or excusable neglect as required by Me. R. Civ. P. 60(b) to set aside a default judgment against him under Me. R. Civ. P. 55(c), the default judgment was vacated because an incomplete itemized list of damages was not a claim for a sum certain under R. 55(b)(1).

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Gray v. Emery, CIVIL ACTION DOCKET NO: CV06-645, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, June 27, 2007, Decided
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Breton v. Stanton, CIVIL ACTION DOCKET NO. CV-06-536, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, June 28, 2007, Decided
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Colfer v. Weston, CIVIL ACTION DOCKET NO. CV-04-235, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, June 28, 2007, Decided
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Dowling v. Salewski, Docket: Kno-06-379, SUPREME JUDICIAL COURT OF MAINE, June 28, 2007, Decided
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Overview: Buyers' legal malpractice claim alleging negligence in a real estate transaction was time-barred because lawyer's comments that buyers' title was "good" or "clear" was not a "real estate title opinion" and thus, under Me. Rev. Stat. Ann. tit. 14, § 753-B, statute of limitations ran from date of the act or omission, not from the discovery.

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State v. Hassan, Docket: Cum-06-549, SUPREME JUDICIAL COURT OF MAINE, June 28, 2007, Decided
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Overview: Because defendant's interrogation at a police department was, at least in part, a custodial interrogation after a detective responded "I don't know" when defendant asked if he were going to jail, and because no Miranda warnings were given to defendant, his motion to suppress the statements should have been granted.

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Town of Frye Island v. State, CIVIL ACTION DOCKET NO. CV-05-712, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, June 28, 2007, Decided
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Wolfington Group v. Chestertown Chrysler Jeep Dodge, CIVIL ACTION DOCKET NO. CV-06-257, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, June 28, 2007, Decided
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