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   State Courts - Maine - September 7 - September 12, 2006

  
Arsenault v. Sec'y of State, Docket: Ken-06-496, SUPREME JUDICIAL COURT OF MAINE, September 7, 2006, Decided
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Overview: Maine Secretary of State erred in ruling that a party's nominee was not qualified to be a replacement candidate for the Maine State Senate because he was not party member on the date he was nominated. Me. Rev. Stat. Ann. tit. 21-A, §§ 144 and 363 did not require replacement candidate to be enrolled in the nominating party at the time of nomination.

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Cormier's Bus Serv. v. Me. Unemployment Ins. Comm'n & Albert W. Tate, CIVIL ACTION DOCKET NO. AP-06-28, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, September 7, 2006, Decided
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Mehlhorn v. Derby, Docket: Cum-05-443, SUPREME JUDICIAL COURT OF MAINE, September 7, 2006, Decided
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Overview: Judgment on the property owner's common law trespass claim was vacated because Me. Rev. Stat. Ann. tit. 14, § 7552 replaced the common law with respect to damage to trees from a trespass. Thus, the amount awarded on the common law damages claim for the replacement costs of the owner's downed trees was in error.

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Neagley v. Me. Unemployment Ins. Comm'n, CIVIL ACTION DOCKET NO. AP-05-36, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, September 7, 2006, Decided
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Alexander v. Adelphia Cablevision Corp, Docket No. CV-05-264, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, September 8, 2006, Decided , September 8, 2006, Filed and Entered
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State v. Evans, CIVIL ACTION DOCKET NO. CV-06-22, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, September 8, 2006, Decided
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State v. Gervais, CRIMINAL ACTION DOCKET NO. CR-06-739, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, September 8, 2006, Decided , September 8, 2006, Filed
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Trevallion v. Town of York & York Bd. of Appeals, CIVIL ACTION DOCKET NO. AP-06-016, SUPERIOR COURT OF MAINE, YORK COUNTY, September 8, 2006, Decided
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Maguire Constr., Inc. v. Forster, Docket: Yor-05-372, SUPREME JUDICIAL COURT OF MAINE, September 12, 2006, Decided
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Overview: The six months between the filing of the original complaint and the service of the amended complaint was not excessive or unreasonable. Because the property owners had actual notice of the commencement of the action, the trial court did not abuse its discretion in denying the motion to dismiss the mechanic's lien.

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Quiland, Inc. v. Wells Sanitary Dist., Docket: Yor-05-505, SUPREME JUDICIAL COURT OF MAINE, September 12, 2006, Decided
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Overview: Sanitary district's decision not to bill condominium development in same manner as multiple-unit developments using mobile homes did not violate Equal Protection Clause, as it decided to bill units separately based on Me. Rev. Stat. Ann. tit. 33, § 1601-105, which stated that condominiums had to be treated as separate parcels for all purposes.

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