8 Maine opinions name it 2 courts 2006–2023 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.
| Case | Followed | Cited |
|---|---|---|
Medeika v. Wattsgreen2 sentences2023Medeika, 2008 ME 163 , ,r 5, 957 A2d 980 . 2023Medeika, 2008 ME 163 , ,r 5, 957 A2d 980 . | 1 | 3 |
Rodriguez v. Tomesgreen1 sentence2019Rodriguez v. Tomes, 610 A.2d 262, 264 (Me. 1992). | 1 | 1 |
Gaffny v. Reidgreen1 sentence2008Furthermore, if on remand the court does find that common law trespass was, or is, being committed, it must address the issue of nominal damages, see Gaffny v. Reid, 628 A.2d 155, 158 (Me.1993) (stating that “[s]ome damage is presumed to flow from a legal injury to a real property right” and finding that the injured party was entitled to nominal damages), and Roger and Patricia’s request for an injunction to prevent ongoing trespass. [¶ 6] In contrast, 14 M.R.S. § 7552(2)(A), 2 does enumerate specific harm that must be proved as an element of statutory trespass, and the court did not err in fi | 1 | 1 |
Morissette v. Somesgreen2 sentences2006Id. ¶ 21, 870 A.2d at 1215 . 5 [¶ 8] In Morissette , the trial court (1) determined that the defendant committed common law trespass when she stripped sod from the plaintiffs lawn; (2) awarded damages for the common law trespass claim based on the cost of resodding the lawn area; and (3) awarded treble damages pursuant to section 7552 for a tree that the defendant had cut down. 2001 ME 152, ¶¶ 1, 7 , 782 A.2d at 765-66 . 2006Id. ¶ 21, 870 A.2d at 1215 . 5 [¶ 8] In Morissette , the trial court (1) determined that the defendant committed common law trespass when she stripped sod from the plaintiffs lawn; (2) awarded damages for the common law trespass claim based on the cost of resodding the lawn area; and (3) awarded treble damages pursuant to section 7552 for a tree that the defendant had cut down. 2001 ME 152, ¶¶ 1, 7 , 782 A.2d at 765-66 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Whitten
green
2 sentences2012Although Johnson directly concerned upland accumulation, its rule bars liability “to any proprietor either above or below.” See 384 A.2d at 700 . [¶25] We affirm the Superior Court’s entry of a judgment in favor of the Woodlands on the Harrises’ common law trespass claim. 2009Conclusions of Law Both plaintiffs and defendants agree that the applicable precedent governing the Harrises' common law trespass claim is Johnson v. Whitten, 384 A.2d 698 (Me. 1978). | 2 | 2009–2012 |
Raisin Memorial Trust v. Casey
green
1 sentence2017See 1 It applies if a person enters on the property of another without permission and "damages or throws down any fence, bar or gate; leaves a gate open; breaks glass; damages any road, drainage ditch, culvert, bridge, sign or paint marking, does other damage to any structure [on the property] or throws, drops, deposits, discards, dumps or otherwise disposes of litter" on the property. 14 M.R.S. § 7551-B(l). 2 Medeika v. Watts, 2008 ME 63 ,r 6, 957 A.2d 980 . | 1 | 2017–2017 |
Stockly v. Doil
green
1 sentence2006Id. ¶ 21, 870 A.2d at 1215 . 5 [¶ 8] In Morissette , the trial court (1) determined that the defendant committed common law trespass when she stripped sod from the plaintiffs lawn; (2) awarded damages for the common law trespass claim based on the cost of resodding the lawn area; and (3) awarded treble damages pursuant to section 7552 for a tree that the defendant had cut down. 2001 ME 152, ¶¶ 1, 7 , 782 A.2d at 765-66 . | 1 | 2006–2006 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.