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   State Courts - Maine - November 7 - November 14, 2006

  
Bodack v. Town of Ogunquit, Docket: Yor-05-455, SUPREME JUDICIAL COURT OF MAINE, November 7, 2006, Decided
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Overview: An order vacating a planning board's decision to approve a proposed subdivision was affirmed because traffic studies indicated an adverse impact on the level of service, and because the board failed to make findings that it granted a waiver due to extraordinary and unnecessary hardships or special circumstances.

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Comeau v. Town of Kittery, CIVIL ACTION DOCKET NO. AP-06-021, SUPERIOR COURT OF MAINE, YORK COUNTY, November 7, 2006, Decided
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Topliff v. El-Hajj, CIVIL ACTION Docket No. CV-06-9, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, November 7, 2006, Filed and Entered
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Snow v. Portland Hous. Auth., CIVIL ACTION DOCKET NO. CV-06-71, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, November 8, 2006, Decided
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State v. Cote, Docket: Yor-05-417, SUPREME JUDICIAL COURT OF MAINE, November 9, 2006, Decided
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Overview: Defendant's conviction for operating under the influence, Me. Rev. Stat. Ann. tit. 29-A, § 2411(1) (1996) (repealed and replaced by § 2411(1-A) (2005)), was vacated as the district court improperly denied his motion for leave to file a late jury trial request; he was not appointed counsel until after time limit in Me. R. Crim. P. 22(a) had passed.

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Laurie Ford v. Shanoski, CIVIL ACTION DOCKET NO. CV-06-375, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, November 14, 2006, Decided
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LePage v. Bath Iron Works Corp., Docket: And-05-692, SUPREME JUDICIAL COURT OF MAINE, November 14, 2006, Decided
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Overview: Employer's letter to an employee that he was disqualified from carrying a hand gun was a discrete act, and the employee did not timely file his disability discrimination claim. The employee also failed to show that threats to fight him in court were sufficient to establish an adverse employment action in order to state a whistleblower claim.

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Lloyd v. Benson, Docket: Han-05-357, SUPREME JUDICIAL COURT OF MAINE, November 14, 2006, Decided
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Overview: Although trial court's legal conclusion that there was no iron pipe at 1270 feet from the beginning point of the boundary line and that this created a latent ambiguity in a deed was in error, trial court's error did not undermine its ultimate conclusion that the northwestern boundary terminated at 1070 feet. Therefore, any error was harmless.

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