Maine Laches Law

Penobscot Nation v. JANET T. MILLS, Attorney General for the State of Maine <table> <td>

This litigation began shortly after the Maine Warden Service and the Maine Department of Inland Fisheries and Wildlife requested a legal opinion from Maine's then-Attorney General William Schneider "regarding the respective regulatory jurisdictions of the . . . Nation and the State of Maine . . . relating to hunting and fishing on the [M]ain [S]tem of the Penobscot Ri... More...

$0 (07-07-2017 - ME)

Penobscot Nation v. Janet T. Mills, et al.

The Penobscot Nation (the "Nation") filed suit in federal court against the State of Maine and various state officials (the "State Defendants"), claiming rights as to a 60-mile stretch of the Penobscot River, commonly known as the "Main Stem." The United States intervened in support of the Nation. Private interests, towns, and other political entities, whom we shall call th... More...

$0 (07-05-2017 - ME)

Raymond R. Cloutier v. Robin M. (Cloutier) Turner

[¶1] Raymond R. Cloutier appeals from a judgment entered in the District Court (Lewiston, Lawrence, J.) granting Robin M. (Cloutier) Turner's motion to enforce the child support provisions of a 1992 amended divorce judgment. Cloutier argues that (1) Turner lacks standing to bring the motion to enforce because she filed it after the children became adults; (2) the limitations period on a claim of ... More...

$0 (01-19-2012 - ME)

Gary Voisine v. Robert J. Berube

[¶1] This appeal arises from a shareholder's derivative action pursuant to 13-C M.R.S. Â§Â§ 751-758 (2010) filed by Gary Voisine on behalf of Valley Firewood and Tree Farm, Inc. ("Valleyâ€) against Valley and Robert J. Berube, a shareholder and president of Valley. Berube appeals from the judgment entered in the Superior Court (Aroostook County, Cuddy, J.) following a jury-waived trial, ... More...

$0 (12-29-2011 - ME)

Robert W. Britton v. Daniel P. Donnell

[¶1] This is the second appeal in a dispute between adjacent owners of shorefront land in York Harbor. See Britton v. Dep't of Conservation (Britton I), 2009 ME 60, 974 A.2d 303. In Britton I, we held that if a wharf extending in front of the tidal flats of adjacent property injures the adjacent landowners' enjoyment of their riparian rights, the Wharves and Weirs Act, 38 M.R.S. Â§ 1026 (2010),... More...

$0 (02-08-2011 - ME)

Richard W. Hawksley v. Maureen L. (Hawksley)Gerow

[¶1] Maureen L. (Hawksley) Gerow appeals from a decision of the District Court (Ellsworth, Staples, J.) granting Richard W. Hawksley's motion to enforce a divorce judgment. Gerow argues that the motion is barred by the doctrine of laches because it was filed nearly five years after the entry of the divorce judgment. She also argues that the order constitutes an impermissible modification of the d... More...

$0 (01-03-2011 - ME)

Robert W. Britton, et al. v. Department of Consercation, et al.

[¶1] Robert W. Britton and Eleanor F. Britton appeal from a judgment of the Superior Court (York County, Brennan, J.) denying their request for equitable relief and damages for what they allege to be an infringement of their riparian rights by their neighbors, Daniel P. Donnell and the Trustees of the Donnell Realty Trust (Donnells), who own and operate two wharves, one of which extends forty-eig... More...

$0 (06-18-2009 - ME)

School Union No. 37 v. Ms. C.; DB

DB and his mother, Ms. C, filed a request for a due process hearing with the Maine Department of Education after DB turned nineteen and was no longer enrolled in school. Although all of DB's special education tuition had been paid, he and his mother sought reimbursement for past room and board and transportation expenses associated with DB's education in private schools outside of Maine. They obta... More...

$0 (02-29-2008 - ME)

SLEEPER FARMS; VAUGHN SLEEPER; and MARY SLEEPER v. AGWAY, INC., RICHARD SIROIS, TODD BRADLEY, and CARL SMITH

This case concerns dealings by Agway Inc., an agricultural cooperative, with Vaughn and Mary Sleeper. The Sleepers grew seed potatoes on their farm (Sleeper Farms) in Sherman Mills, Maine, and claim that Agway owes them money for potatoes harvested between 1998 and 2001. The parties have now litigated before a bankruptcy court, an arbitrator, and the federal district court twice; Agway has gone... More...

$0 (11-02-2007 - ME)

<a href="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2733.01A"> Cecil McBee v. Delica Co., Ltd.</a>

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)

<a href="http://www.courts.state.me.us/opinions/documents/02me73lo.htm" target="_new">Angela Loavenbruck v. Lewis B. Rohrbach</a>

[1] The defendant, Lewis Rohrbach, appeals from a judgment of the Superior Court (Knox County, Marsano J.) holding that the plaintiffs, Angela and Grant Loavenbruck, acquired title to a parcel of land by satisfying the requirements for adverse possession. The parcel in dispute was owned by the Town of Rockport from 1951 to 1990, and we agree with Rohrbach's contention that those years canno... More...

$0 (04-30-2002 - ME)