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Maine Injunction Law
 
Vitorino America v. Sunspray Condominium Association

[¶1] Vitorino America filed a complaint in the Superior Court, individually and derivatively on behalf of Sunspray Condominium Association (Association), against the Association and four members of its Board of Directors (Board), claiming in part that the defendants had refused to effectively enforce Sunspray Condominium’s smoking ban. He appeals from a judgment entered in the Business and Cons... More...   $0 (02-12-2013 - ME)

Karen Callaghan v. City of South Portland

[¶1] Karen Callaghan and Burton Edwards (the employees) are part-time employees of the City of South Portland. They filed a complaint in the Superior Court (Cumberland County) pursuant to 42 U.S.C.A. § 1983 (West, Westlaw through P.L. 113-22) seeking a declaration that certain provisions of the City’s personnel policy violated their First Amendment rights, and further seeking permanent injunct... More...   $0 (09-10-2013 - ME)

Bruce Tisdale v. Thelma G. Buch

[¶1] Bruce Tisdale appeals from a judgment of the Superior Court (Kennebec County, Mills, J.) in favor of Thelma G. Buch on Tisdale’s complaint seeking declaratory and injunctive relief regarding the parties’ rights in a certain right-of-way.1 Tisdale argues that the Superior Court erred in concluding that Buch owns the right-of-way pursuant to the Paper Streets Act, 23 M.R.S. §§ 3027, 3031... More...   $0 (11-05-2013 - ME)

Gary Sleeper v. Donald R. Loring

[¶1] This case involves a dispute over a parcel of land located on the northwest shore of Sebago Lake, referred to here as lot 40A. The plaintiffs, Gary Sleeper, Ramona Sleeper, Richard Roy, and Holly Roy, all of whom own property near but not on Sebago Lake, appeal from a judgment of the Superior Court (Cumberland County, Cole J.) in favor of the defendants, Donald R. Loring, Marilyn P. Loring, ... More...   $0 (12-24-2012 - ME)

J. Cole Harris v. The Woodlands Club

[¶1] J. Cole Harris and P. Daphne Harris appeal from a judgment of the Superior Court (Cumberland County, Warren, J.) in favor of The Woodlands Club and The Woodlands Homeowners Association (collectively, the Woodlands). In their complaint, the Harrises allege that the Woodlands tortiously discharged surface water onto their property causing flooding and an increase in wetland. The Harrises chall... More...   $0 (01-20-2013 - ME)

Robert Stanton v. Michael Strong

[¶1] Michael Strong appeals from the judgment of the Superior Court (Knox County, Hjelm, J.) permanently enjoining Strong from engaging in any act that obstructs Robert Stanton’s access to his property from any point along an easement over property owned by Strong. Strong argues that the court improperly granted the permanent injunction because the facts of the case do not support the court’s... More...   $0 (03-29-2012 - ME)

Lewis E. Matteson v. Malcolm L. Batchelder

[¶1] This case involves a dispute over fee ownership of less than one acre of land on a stream in Exeter and the location of a deeded right-of-way on property owned by Lewis E. Matteson and Betty J. Matteson. Following a bench trial in the Superior Court (Penobscot County, Murphy, J.), the Mattesons appealed the decision regarding the right-of-way, and Malcolm Batchelder cross-appealed the decisi... More...   $0 (12-22-2011 - ME)

Karen A. LaQualia v. John A. LaQualia

[¶1] Karen A. Laqualia appeals from the District Court’s (Bangor, Dobson, J.)1 divorce judgment ending her marriage to John A. Laqualia. She challenges the trial court’s failure to award her attorney fees and its valuation and distribution of certain marital and nonmarital assets. Karen also appeals from the District Court’s (Bangor, Jordan, J.) refusal to consider her post-judgment motion ... More...   $0 (11-17-2011 - ME)

Edgar E. Peters v. Richard D. O'Leary

[¶1] Edgar E. and Sheryl A. Peters own a parcel of land in Ogunquit that abuts and is uphill from oceanfront property owned by Richard D. O’Leary. This litigation arose because, after a series of disputes with the Peterses, O’Leary planted a row of at least seventy-four trees near the parties’ 125-foot-long boundary, which obstructed ocean views from the Peterses’ newly constructed home. ... More...   $0 (11-01-2011 - ME)

Edgar E. Peters v. Richard D. O'Leary

[¶1] Edgar E. and Sheryl A. Peters own a parcel of land in Ogunquit that abuts and is uphill from oceanfront property owned by Richard D. O’Leary. This litigation arose because, after a series of disputes with the Peterses, O’Leary planted a row of at least seventy-four trees near the parties’ 125-foot-long boundary, which obstructed ocean views from the Peterses’ newly constructed home. ... More...   $0 (11-01-2011 - ME)

OfficeMax, Inc. v. David A. Levesque

SARIS, District Judge. Appellants David A. Levesque and Dana Rattray challenge the district court's issuance of a preliminary injunction sought by their former employer OfficeMax, Inc. ("OfficeMax") to enforce noncompetition agreements barring them from working in office supply sales in or around Aroostook County, Maine. See OfficeMax Inc. v. County Qwick Print, Inc., 751 F. Supp. 2d 221, 252 (D.... More...   $0 (09-12-2011 - ME)

William A. McGarvey, Jr. v. Steven R. Whittredge

[¶1] This case requires us to revisit a question that we have addressed several times in recent decades: how may the public use intertidal lands on the Maine coast? Specifically, we are asked to determine whether, as a matter of Maine common law, the public has the right to walk across intertidal lands to reach the ocean for purposes of scuba diving. All six justices answer that question in the a... More...   $0 (08-25-2011 - ME)

Jason Spooner v. EEN, Inc.

After prevailing at trial in this copyright infringement case, the plaintiff sought and recovered substantial attorneys' fees. The defendants contest the fee award. Concluding that the district court acted within the realm of its discretion, we affirm.

I. BACKGROUND

The relevant facts are easily catalogued. On August 8, 2008, plaintiff-appellee Jason Spooner filed a complain... More...
   $0 (07-05-2011 - ME)

Sisters of Charity Health System, Inc. v. Douglas Farrago

[¶1] Sisters of Charity Health System, Inc. (SOCHS),1 a nonprofit integrated healthcare system, sued its former employees—Douglas Farrago, M.D., Raymond Stone, D.O., and Carolyn Kase, D.O.—to enforce restrictive covenants contained in contractual agreements between the doctors and SOCHS. Following a jury-waived trial, the Superior Court (Androscoggin County, Delahanty, J.) enforced the restri... More...   $0 (05-26-2011 - ME)

Christopher J. McCormick v. Michael D. Lachance

[¶1] Christopher J. McCormick appeals from the judgment of the Superior Court (Cumberland County, Wheeler, J.), granting Michael D. and Moira Lachance and nine “Back Lot Owners” summary judgment in an action regarding location of an easement. The court determined that because the previous owner of the servient estate did not relocate the easement “on the face of the earth,” the easement w... More...   $0 (04-07-2011 - ME)

Mark Johnston v. Maine Energy Recovery Company

[¶1] Mark Johnston appeals from a judgment of the Superior Court (York County, Fritzsche, J.) granting the motion of Maine Energy Recovery Company, Limited Partnership (Maine Energy Recovery) to dismiss Johnston’s second amended complaint with prejudice. Johnston’s complaint alleged a statutory claim for a private nuisance based on odor. The court held that the complaint failed to state a cla... More...   $0 (06-10-2010 - ME)

Earleen Sebra v. Thomas J. Wentworth

[¶1] Thomas J. and Bobbie Jo Wentworth appeal from a judgment of the Superior Court (Androscoggin County, Brodrick, J.) entered in favor of Earleen Sebra on her common law trespass claim. The Wentworths contend that the court erred in finding that (1) claim preclusion barred their affirmative defense of an easement by necessity; (2) there was sufficient evidence of malice to justify a punitive da... More...   $0 (03-16-2010 - ME)

Janeen Miller v. Kristen Nichols

Plaintiffs are the parents of a child removed from them by the state after extensive proceedings resulted in a finding that the best interests of the child required termination of their parental rights. In re G.M., No. PC-05-75 (Me. D. Ct. Jan. 23, 2008). The parents then sued in federal court, asserting violations of statutory and constitutional rights during the termination proceedings and parti... More...   $0 (11-04-2009 - ME)

John McKinnon, et al. v. Honeywell International, Inc.

[¶1] John McKinnon appeals from a summary judgment in favor of Honeywell International, Inc. entered in the Superior Court (York County, Fritzsche, J.) on his putative class action complaint alleging that Honeywell violated the Maine Unfair Trade Practices Act (UTPA), 5 M.R.S. §§ 205-A to 214 (2008), and Maine’s antitrust statute governing monopolies and profiteering, 10 M.R.S. §§ 1101-1110... More...   $0 (07-16-2009 - ME)

Robert Waldron v. George Watson Bakeries, Inc. and George Watson Bakeries Distribution, Inc.

Faced with a motion for a preliminary injunction, the district court held an evidentiary hearing, reserved decision, and thereafter granted the requested relief. Waldron v. Geo. Weston Bakeries, Inc., 575 F. Supp. 2d 271, 273 (D. Me. 2008). That ukase is the focal point of this appeal.

We rehearse the facts as found by the district court, consistent with record support. The plainti... More...
   $0 (06-19-2009 - ME)

Roger Medeika, et al. v. William Watts, Trustee, et al.

[¶1] Roger and Patricia Medeika appeal from a judgment of the Superior Court (Knox County, Wheeler, J.) locating the position of a driveway and finding that neither William Watts nor John Medeika was liable for common law trespass or statutory trespass pursuant to 14 M.R.S. § 7552 (2007). Roger and Patricia argue that the court erred in: (1) failing to find common law trespass and statutory tres... More...   $0 (10-23-2008 - ME)

Roger Medeika, et al. v. William Watts, Trustee, et al.

[¶1] Roger and Patricia Medeika appeal from a judgment of the Superior Court (Knox County, Wheeler, J.) locating the position of a driveway and finding that neither William Watts nor John Medeika was liable for common law trespass or statutory trespass pursuant to 14 M.R.S. § 7552 (2007). Roger and Patricia argue that the court erred in: (1) failing to find common law trespass and statutory tres... More...   $0 (10-23-2008 - ME)

City of Bangor v. Citizens Communications Company

This case concerns responsibility for the cleanup of the contamination of the bed of Penobscot River in Bangor, Maine, known as Dunnett's Cove, under the federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.

Specifically, we are being asked to overturn the district court's approval, after nearly five years of litigation,... More...
   $0 (07-22-2008 - ME)

James P. Mason, et al. v. City of Augusta, et al.

[1] James P. Mason and William P. Johnson appeal from a judgment entered in the Superior Court (Kennebec County, Marden, J.) dismissing their complaint for declaratory and injunctive relief, in which they alleged that the City of Augusta's purchase and sale agreement with Cony, LLC, for the sale of property occupied by Cony High School was void and unenforceable. Reviewing the stipulated f... More...   $0 (08-02-2007 - ME)

Pharmaceutical Care Management Association v. G. Steven Rowe, in his offical capacity as Attorney General of the State of Maine

Per Curiam. The panel unanimously affirms the district court's grant of summary judgment for defendant on all claims. On the ERISA preemption, due process, and Commerce Clause issues, the panel unanimously adopts Judge Torruella's reasoning. As to the association standing, Takings Clause, and First Amendment issues, the joint concurring opinion of Chief Judge Boudin and Judge Dyk represents the... More...   $0 (11-11-2005 - ME)

Cecil McBee v. Delica Co., Ltd.

It has long been settled that the Lanham Act can, in appropriate cases, be applied extraterritorially. See Steele v. Bulova Watch Co., 344 U.S. 280 (1952). This case, dismissed for lack of subject matter jurisdiction, requires us, as a matter of first impression for this circuit, to lay out a framework for determining when such extraterritorial use of the Lanham Act is proper.

In... More...   $0 (08-05-2005 - ME)

BANGOR HISTORIC TRACK, INC., et al. v. DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, etc.

[1] This matter is before the Law Court on a motion for stay pending appeal filed by Bangor Historic Track, Inc., Capital Seven, LLC, and Shawn A. Scott (hereinafter BHT). The motion, filed pursuant to M.R. App. P. 10(c), seeks to (1) stay the order of the Superior Court (Kennebec County, Marden, J.) denying BHT's motion for a temporary restraining order, and (2) enjoin the Department ... More...   $0 (12-04-2003 - ME)

Zemero Corporation v. Diane Hall

Diane Hall appeals from a judgment, entered in the Superior Court (Knox County, Marden, J.), in favor of Zemero Corporation. Hall contends that the Superior Court erred in (1) construing an express easement to benefit Zemero and enjoining Hall from interfering with that easement; (2) finding an easement by estoppel; and (3) awarding Zemero $1000 in punitive damages. We vacate those parts of t... More...   $0 (09-08-2003 - ME)

Facilitators Improving Salmonid Habitat et al. v. Towns of Winterport and Frankfort

[1] Facilitators Improving Salmonid Habitat (FISH) and John C. Jones appeal from a temporary restraining order entered in the Superior Court (Penobscot County, Mead, J.) enjoining the removal of the West Winterport Dam. The Towns of Winterport and Frankfort (Towns) contend, inter alia, that this appeal is interlocutory and is not within an exception to the final judgment rule. We agree and d... More...   $0 (03-10-2003 - ME)

Pembroke School Committee v. Donald Veader

[1] Donald Veader appeals from a judgment entered in the Superior Court (Washington County, Mead. J.) granting the Pembroke School Committee a permanent injunction prohibiting Veader's service on the Committee and declaring his seat vacant. Veader contends that the Superior Court erred in finding that 20-A M.R.S.A. § 1002(4) (Supp. 2001), which prohibits his service on the Committee while anothe... More...   $0 (10-31-2002 - ME)

Dorothy Hailu v. Gordon D. Simonds, Trustee

Gordon Simonds appeals from a judgment finding that he illegally evicted Dorothy Hailu and Terry Mihill from his property. Simonds contends that (1) his property qualifies as a "lodging house" and is therefore exempt from the requirements of the forcible entry and detainer statute, and (2) damages were improperly awarded to Milhill based on insufficient evidence of causation.

[2] Gordon D... More...   $0 (11-05-2001 - ME)

The Butcher Company v. Bouthot

Primarily, this was a trademark and trade dress case under the Lanham Act, 15 U.S.C.A. § 1051 et seq. It also involved reverse passing-off, false advertising, and various state commercial tort claims. The Butcher Company, Inc., is a manufacturer of industrial cleaning supplies, including cleaning solutions, and dilution control and dispensing units for those solutions. Butcher alleged that ... More...   $0 (01-03-2001 - ME)

 
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