7 Maine opinions name it 2 courts 1994–2025 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 |
|---|---|---|
Perrin v. Town of Kitterygreen2 sentences1997The hardship is not the result of action taken by the applicant or a prior owner. 30-A M.R.S.A. § 4353(4)(1996). 9 See Leadbetter v. Ferris, 485 A.2d 225, 227 (Me.1984)(burden is on variance applicant to prove the statutory requirements have been met). [¶ 14] In construing the “reasonable return” prong of the hardship test set forth in section 4353, we have required an applicant to show that denial of the variance will result in the “practical loss of all beneficial use of the land.” See, e.g., Greenberg v. DiBiase, 637 A.2d 1177, 1179 (Me.1994) (emphasis added) (quoting Perrin v. Town of Kitt 1994The reasonable return prong of the hardship test is met when the landowner demonstrates that strict application of the zoning ordinance “would result in the practical loss of all beneficial use of the land.” Perrin v. Town of Kittery, 591 A.2d 861, 863 (Me.1991). | 2 | 2 |
Greenberg v. DiBiasegreen1 sentence1997The hardship is not the result of action taken by the applicant or a prior owner. 30-A M.R.S.A. § 4353(4)(1996). 9 See Leadbetter v. Ferris, 485 A.2d 225, 227 (Me.1984)(burden is on variance applicant to prove the statutory requirements have been met). [¶ 14] In construing the “reasonable return” prong of the hardship test set forth in section 4353, we have required an applicant to show that denial of the variance will result in the “practical loss of all beneficial use of the land.” See, e.g., Greenberg v. DiBiase, 637 A.2d 1177, 1179 (Me.1994) (emphasis added) (quoting Perrin v. Town of Kitt | 1 | 1 |
Leadbetter v. Ferrisgreen1 sentence1997The hardship is not the result of action taken by the applicant or a prior owner. 30-A M.R.S.A. § 4353(4)(1996). 9 See Leadbetter v. Ferris, 485 A.2d 225, 227 (Me.1984)(burden is on variance applicant to prove the statutory requirements have been met). [¶ 14] In construing the “reasonable return” prong of the hardship test set forth in section 4353, we have required an applicant to show that denial of the variance will result in the “practical loss of all beneficial use of the land.” See, e.g., Greenberg v. DiBiase, 637 A.2d 1177, 1179 (Me.1994) (emphasis added) (quoting Perrin v. Town of Kitt | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States Trust Co. of NY v. New Jersey
green
2 sentences2025In United States Trust Company v. New Jersey, 431 U.S. 1 (1977), the Court may or may not have been contemplating a hardship exception as a general rule, as opposed to an individual case-by-case review. 2025Id. at 17 n.13 (“The Due Process Clause of the Fourteenth Amendment generally does not prohibit retrospective civil legislation, unless the consequences are particularly ‘harsh and oppressive.’”). | 1 | 2025–2025 |
Twigg v. Town of Kennebunk
green
1 sentence2020Id. | 1 | 2020–2020 |
Graves v. Brockway-Smith Co.
green
2 sentences2020As we said in discussing another section of the Workers’ Compensation Act, “notice provisions . . . would be rendered meaningless if the employee’s rights were cut off before receiving notice of those rights.” Graves v. Brockway-Smith Co., 2012 ME 128, ¶ 18 , 55 A.3d 456 . [¶18] Our jurisprudence and the decisions of the Board support our conclusion that S.D. 2020As we said in discussing another section of the Workers’ Compensation Act, “notice provisions . . . would be rendered meaningless if the employee’s rights were cut off before receiving notice of those rights.” Graves v. Brockway-Smith Co., 2012 ME 128, ¶ 18 , 55 A.3d 456 . [¶18] Our jurisprudence and the decisions of the Board support our conclusion that S.D. | 1 | 2020–2020 |
Johnson v. City of Augusta
green
2 sentences2015"The hardship inquiry likewise requires adverse effects on the plaintiff, and speculative hardships do not suffice to meet this requirement." Johnson v. City of Augusta, 2006 ME 92 , err 8, 902 A.2d 855 (internal citation omitted). 2015"The hardship inquiry likewise requires adverse effects on the plaintiff, and speculative hardships do not suffice to meet this requirement." Johnson v. City of Augusta, 2006 ME 92 , err 8, 902 A.2d 855 (internal citation omitted). | 1 | 2015–2015 |
National Park Hospitality Association v. Department of the Interior
green
2 sentences2006The hardship inquiry likewise requires adverse effects on the plaintiff, see Nat’l Park Hospitality Ass’n, 538 U.S. at 809 , 123 S.Ct. 2026 and speculative hardships do not suffice to meet this requirement, Me. 2006The hardship inquiry likewise requires adverse effects on the plaintiff, see Nat’l Park Hospitality Ass’n, 538 U.S. at 809 , 123 S.Ct. 2026 and speculative hardships do not suffice to meet this requirement, Me. | 1 | 2006–2006 |
Maine AFL-CIO v. Superintendent of Insurance
green
2 sentences2006AFL-CIO, 1998 ME 257, ¶ 9 , 721 A.2d at 636 . [¶ 9] In this case the challenged action by the City is the failure of the city council to act on the applications immediately upon receipt of counsel’s opinions at the May 15 meeting. 2006AFL-CIO, 1998 ME 257, ¶ 9 , 721 A.2d at 636 . [¶ 9] In this case the challenged action by the City is the failure of the city council to act on the applications immediately upon receipt of counsel’s opinions at the May 15 meeting. | 1 | 2006–2006 |
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.