Petitioners claim in Maine

2026The moving party bears the burden of generating sufficient evidence in support of the motion, and on appeal we vacate findings adverse to the party with the burden of proof “only if the record 4 compels a contrary conclusion.” Chatfield, 2025 ME 69, ¶ 7 , 340 A.3d 126 ; Haskell v. Haskell, 2017 ME 91 , ¶ 12, 160 A.3d 1176 . [¶6] The primary thrust of Petitioners’ motion for relief from judgment was that “newly discovered evidence” now establishes that “the information and testimony provided by [the adoptive parents] at the trial court hearing and which the trial court heavily relied upon in ma

2026The moving party bears the burden of generating sufficient evidence in support of the motion, and on appeal we vacate findings adverse to the party with the burden of proof “only if the record 4 compels a contrary conclusion.” Chatfield, 2025 ME 69, ¶ 7 , 340 A.3d 126 ; Haskell v. Haskell, 2017 ME 91 , ¶ 12, 160 A.3d 1176 . [¶6] The primary thrust of Petitioners’ motion for relief from judgment was that “newly discovered evidence” now establishes that “the information and testimony provided by [the adoptive parents] at the trial court hearing and which the trial court heavily relied upon in ma

2026The moving party bears the burden of generating sufficient evidence in support of the motion, and on appeal we vacate findings adverse to the party with the burden of proof “only if the record 4 compels a contrary conclusion.” Chatfield, 2025 ME 69, ¶ 7 , 340 A.3d 126 ; Haskell v. Haskell, 2017 ME 91 , ¶ 12, 160 A.3d 1176 . [¶6] The primary thrust of Petitioners’ motion for relief from judgment was that “newly discovered evidence” now establishes that “the information and testimony provided by [the adoptive parents] at the trial court hearing and which the trial court heavily relied upon in ma

2023Moody v. State Liquor & Lottery Comm'n, 2004 ME 20 ,4 10, 843 A.2d 43 . visited Sept. 27, 2023).

2023Moody v. State Liquor & Lottery Comm'n, 2004 ME 20 ,4 10, 843 A.2d 43 . visited Sept. 27, 2023).

2012Potential Sale Aside from the argument that this property could be used for recreational purposes, the petitioners also claim the property could be sold. 11 "The fact that the property has a potential for sale to an abutting owner does not in and of itself derogate from the applicants' clear showing that this parcel is not susceptible to a beneficial use." Marchi, 511 A.2d at 1073 .

2012Reasonable Return The petitioners claim that the ZBA erred in concluding that lot 51 cannot yield a reasonable return without granting a variance from the 75-foot setback requirement. '''The reasonable return prong of the undue hardship test is met where strict application of the zoning ordinance would result in the practical loss of all beneficial use of the land.'" Toomey, 2008 ME 44 , fJI 15, 943 A.2d at 567 (quoting Perrin, 591 A.2d at 863 ).

2012(Br. of Pets.' 11-12; Reply Br. of Pets.' 10.) Wells v. Portland Yacht Club, 2001 ME 20 , ~ 5, 771 A.2d 371 (explaining that the agency, not the court, should have the first opportunity to decide an issue).

2012(Br. of Pets.' 11-12; Reply Br. of Pets.' 10.) Wells v. Portland Yacht Club, 2001 ME 20 , ~ 5, 771 A.2d 371 (explaining that the agency, not the court, should have the first opportunity to decide an issue).

2012"The unique circumstances requirement is met when the hardship suffered by the lot owner is not a hardship that is common with other lots in the neighborhood." Camp, 2008 ME 53 , <j[ 11, 943 A.2d at 598 .

2012"The unique circumstances requirement is met when the hardship suffered by the lot owner is not a hardship that is common with other lots in the neighborhood." Camp, 2008 ME 53 , <j[ 11, 943 A.2d at 598 .

2007Based upon the United States Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and our decision in State v. Schofield, 2005 ME 82 , 895 A.2d 927 , the petitioners claim that their sentences violate the Sixth Amendment.

2007Based upon the United States Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and our decision in State v. Schofield, 2005 ME 82 , 895 A.2d 927 , the petitioners claim that their sentences violate the Sixth Amendment.

2007Based upon the United States Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and our decision in State v. Schofield, 2005 ME 82 , 895 A.2d 927 , the petitioners claim that their sentences violate the Sixth Amendment.

2007Based upon the United States Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and our decision in State v. Schofield, 2005 ME 82 , 895 A.2d 927 , the petitioners claim that their sentences violate the Sixth Amendment.

2002Hart v. Secretary of State, 1998 ME 189 , 41 9, 13, 715 A.2d 165, 168 .2 The Secretary of State is required to conduct an independent review of all direct initiative petitions to determine the validity of the petitions. 21-A M.R.S.A. § 905(1).

2002Hart v. Secretary of State, 1998 ME 189 , 41 9, 13, 715 A.2d 165, 168 .2 The Secretary of State is required to conduct an independent review of all direct initiative petitions to determine the validity of the petitions. 21-A M.R.S.A. § 905(1).