availability defense (Maine) · Go Syfert
← Maine issues

availability defense in Maine

9 Maine opinions name it 1 courts 1977–2022 1 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Avangrid Networks, Inc. v. Secretary of Stategreen
me · 2020 · cited in 1 Maine opinions naming this issue, 2022–2022
1 sentence

2022See Avangrid Networks, Inc. v. Sec'y of State, 2020 ME 109 , ¶ 37 n.11, 237 A.3d 882 . 10 Theodore A. Small, Esq. (orally), Skelton, Taintor & Abbott, Lewiston, for appellant Sultan Corp. Aaron M.

11
Tolliver v. Department of Transportationgreen
me · 2008 · cited in 1 Maine opinions naming this issue, 2020–2020
2 sentences

2020See Tolliver v. Dep’t of Transp., 2008 ME 83 , ¶ 10 n.5, 948 A.2d 1223 (explaining that although the issue of immunity can be “intertwined with the facts of a case,” the availability of immunity pursuant to the Maine Tort Claims Act “generally 7 turns on the proper interpretation of the statute, absent a dispute of material fact, and is therefore a question of law”).2 Accordingly, we reach the merits of the City’s appeal.

2020See Tolliver v. Dep’t of Transp., 2008 ME 83 , ¶ 10 n.5, 948 A.2d 1223 (explaining that although the issue of immunity can be “intertwined with the facts of a case,” the availability of immunity pursuant to the Maine Tort Claims Act “generally 7 turns on the proper interpretation of the statute, absent a dispute of material fact, and is therefore a question of law”).2 Accordingly, we reach the merits of the City’s appeal.

11
Rodriguez v. Town of Moose Rivergreen
me · 2007 · cited in 1 Maine opinions naming this issue, 2020–2020
2 sentences

2020See Rodriguez, 2007 ME 68, ¶¶ 16-17 , 922 A.2d 484 ; Paschal, 2000 ME 50 , ¶¶ 1 & n.1, 11, 747 A.2d 1194 .

2020See Rodriguez, 2007 ME 68, ¶¶ 16-17 , 922 A.2d 484 ; Paschal, 2000 ME 50 , ¶¶ 1 & n.1, 11, 747 A.2d 1194 .

11
Perry Equipment Co. v. Marine Trading & Transportation, Inc.green
me · 1978 · cited in 1 Maine opinions naming this issue, 2014–2014
1 sentence

2014Co. v. Marine Trading & Trans., Inc., 390 A.2d 1110, 1111 (Me.1978) (per curiam) (“The availability of a hearing de novo ... clearly grants an appellant the right to have the presiding Justice use his independent judgment in ruling on the merits of the case.”).

11
Town of Bar Harbor v. Evansgreen
me · 1985 · cited in 1 Maine opinions naming this issue, 1995–1995
2 sentences

1995See Town of Bar Harbor v. Evans, 499 A.2d 157, 158 (Me.1985).

1995See Town of Bar Harbor v. Evans, 499 A.2d 157, 158 (Me.1985).

11
Roderick v. Painegreen
me · 1922 · cited in 1 Maine opinions naming this issue, 1986–1986
1 sentence

1986Fogg v. Hall, 133 Me. 322, 324 , 178 A. 56, 57 (1935); Peterson Oven Co. v. Fickett, 121 Me. 413, 419 , 117 A. 575, 578 (1922).

11
Fogg v. Hallgreen
me · 1935 · cited in 1 Maine opinions naming this issue, 1986–1986
2 sentences

1986Fogg v. Hall, 133 Me. 322, 324 , 178 A. 56, 57 (1935); Peterson Oven Co. v. Fickett, 121 Me. 413, 419 , 117 A. 575, 578 (1922).

1986Fogg v. Hall, 133 Me. 322, 324 , 178 A. 56, 57 (1935); Peterson Oven Co. v. Fickett, 121 Me. 413, 419 , 117 A. 575, 578 (1922).

11
State v. Peakesgreen
me · 1982 · cited in 1 Maine opinions naming this issue, 1982–1982
1 sentence

1982In Maine, for the “open fields” doctrine to apply, two factual aspects of the circumstances must be considered: (1) the openness with which the activity is pursued, Peakes, 440 A.2d at 353 (“the officers observed something which was ‘open and patent’ to the Defendant’s neighbors and their invitees”); Dow, 392 A.2d at 535 (open, obvious criminal activity conducted in public place not constitutionally protected); and (2) the lawfulness of the officers’ presence during their observations of what is open and patent.

11
State v. Dowgreen
me · 1978 · cited in 1 Maine opinions naming this issue, 1982–1982
1 sentence

1982In Maine, for the “open fields” doctrine to apply, two factual aspects of the circumstances must be considered: (1) the openness with which the activity is pursued, Peakes, 440 A.2d at 353 (“the officers observed something which was ‘open and patent’ to the Defendant’s neighbors and their invitees”); Dow, 392 A.2d at 535 (open, obvious criminal activity conducted in public place not constitutionally protected); and (2) the lawfulness of the officers’ presence during their observations of what is open and patent.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Charles W. Palian v. Department of Health and Human Services green
me · 2020
2 sentences

2022Servs., 2020 ME 131, ¶ 41 , 242 A.3d 164 , it need go no further.4 The entry is: Judgment vacated in part.

2022Servs., 2020 ME 131, ¶ 41 , 242 A.3d 164 , it need go no further.4 The entry is: Judgment vacated in part.

12022–2022
Paschal v. City of Bangor neutral
me · 2000
2 sentences

2020See Rodriguez, 2007 ME 68, ¶¶ 16-17 , 922 A.2d 484 ; Paschal, 2000 ME 50 , ¶¶ 1 & n.1, 11, 747 A.2d 1194 .

2020See Rodriguez, 2007 ME 68, ¶¶ 16-17 , 922 A.2d 484 ; Paschal, 2000 ME 50 , ¶¶ 1 & n.1, 11, 747 A.2d 1194 .

12020–2020
Johnson v. Shaw's Distribution Center green
me · 2000
2 sentences

2008Id. ¶ 14, 760 A.2d at 1061 .

2008Id. ¶ 14, 760 A.2d at 1061 .

12008–2008
Heckler v. Turner green
scotus · 1985
2 sentences

1986By requiring that the income to be considered by a state must be income that is “available for current use,” the regulation embodies the long-standing availability principle, which is designed “to prevent the States from relying on imputed or unrealizable sources of income artificially to depreciate a recipient’s need.” Heckler v. Turner, 470 U.S. 184 , 105 S.Ct. 1138, 1148 , 84 L.Ed.2d 138 (1985).

1986By requiring that the income to be considered by a state must be income that is “available for current use,” the regulation embodies the long-standing availability principle, which is designed “to prevent the States from relying on imputed or unrealizable sources of income artificially to depreciate a recipient’s need.” Heckler v. Turner, 470 U.S. 184 , 105 S.Ct. 1138, 1148 , 84 L.Ed.2d 138 (1985).

11986–1986
Peterson Oven Co. v. Fickett neutral
me · 1922
1 sentence

1986Fogg v. Hall, 133 Me. 322, 324 , 178 A. 56, 57 (1935); Peterson Oven Co. v. Fickett, 121 Me. 413, 419 , 117 A. 575, 578 (1922).

11986–1986
Bourjois, Inc. v. Chapman green
scotus · 1937
2 sentences

1977Bourjois, Inc. v. Chapman, 301 U.S. 183, 189 , 57 S.Ct. 691, 695 , 81 L.Ed. 1027 (1937); see 1 K.

1977Bourjois, Inc. v. Chapman, 301 U.S. 183, 189 , 57 S.Ct. 691, 695 , 81 L.Ed. 1027 (1937); see 1 K.

11977–1977

Where else courts name it

NY 129 (1892–2026) PA 101 (1947–2026) CA 74 (1938–2026) CT 49 (1947–2024) FL 38 (1916–2023) NJ 35 (1930–2024) TX 32 (1920–2023) MI 30 (1951–2023) OH 28 (1985–2025) IL 27 (1912–2026) IN 27 (1978–2026) AL 26 (1913–2025) OR 22 (1951–2023) WA 21 (1966–2026) MA 19 (1975–2020) DE 19 (1957–2025) MD 19 (1962–2026) MN 19 (1953–2026) VT 16 (1963–2024) IA 15 (1975–2023) NC 14 (1941–2020) KS 13 (1961–2024) CO 13 (1973–2021) DC 13 (1973–2026) WI 11 (1957–2025) VA 11 (1956–2024) TN 11 (1987–2024) LA 11 (1971–2017) MT 11 (1976–2018) WY 10 (1972–2010) WV 10 (1989–2021) MO 10 (1970–2023) ME 9 (1977–2022) UT 9 (1982–2022) NM 9 (1978–2020) GA 8 (1994–2020) RI 8 (1937–2007) NH 7 (1979–2007) AR 6 (1972–2021) AZ 6 (1962–2016) HI 5 (1962–2023) ID 4 (1961–2025) SC 4 (1951–2007) NE 3 (1947–2014) KY 3 (2017–2024) SD 3 (1981–2020) NV 3 (1994–2011) OK 2 (2014–2014) AK 2 (1980–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check