[¶1] The Department of Public Safety appeals from a decision of a Workers' Compensation Board hearing officer (Sprague, HO) denying its petition for review and assigning a permanent impairment rating of 40% to Arnold Smart for a 1996 mental stress injury resulting from work-related mental stress. The Department contends that it was error to assign a permanent impairment rating to Smart's injury based on the lack of specific numerical ratings for mental and behavioral conditions in the...  

[¶1] Robert C. Wright appeals from an order of the Superior Court (Aroostook County, Hunter, J.) entered after a post-divorce judgment hearing. The order divided Wright's Federal Employees Retirement System (FERS) benefits after the court found that those FERS benefits were omitted property pursuant to 19-A M.R.S. § 953(9) (2007). The court divided the portion of the FERS benefits that constituted marital property equally between Wright and his former wife, Jayne L. (Wright) Michaud....  

[¶1] The State Tax Assessor appeals from a summary judgment entered in the Superior Court (Kennebec County, Marden, J.). The Assessor argues that the court erred in granting the motion for summary judgment by Gannett Co., Inc., and vacating the Assessor's decision as to Gannett's corporate income tax liability for the tax year 2000. In addition, the Assessor argues that the court erred in concluding that Gannett's income from the sale of its Cable Division must be excluded from Gannett's...  

[¶1] The father of Jacob B. appeals from a judgment entered in the Penobscot County Probate Court (Woodcock, J.) terminating his parental rights to Jacob B. The termination proceeding was initiated by Jacob's mother in order to allow her husband, Jacob's stepfather, to adopt Jacob. The father argues that the Probate Court erred in (1) finding termination of his parental rights was in Jacob's best interest, and (2) refusing to vacate his child support arrearage. We affirm the judgment... I....  

[¶1] Daniel A. Boggs Jr. appeals from the judgment of the District Court (Biddeford, Foster, J.) finding that he had failed to prove harassment and rendering judgment for the defendant on Boggs's complaint for protection from harassment. See 5 M.R.S. §§ 4651 to 4660-A (2007). Boggs contends that he presented sufficient evidence upon which the court should have found harassment and entered a protection from harassment order and that the court misapplied the law when it failed to...  

[¶1] Associated Grocers of Maine, Inc., (AGM) appeals from a decision of a Workers' Compensation Board hearing officer (Elwin, HO) granting Randall K. Tucker's petition for review. AGM contends that the hearing officer erred in awarding Tucker 100% partial benefits and ongoing partial benefits based on part-time earning capacity because, although Tucker has full-time, light duty earning capacity, he elected to attend school on a full-time basis and seek only part-time work. We agree, and...  

[¶1] York Hospital and Wentworth-Douglass Hospital, collectively the Collaborative, appeal from two judgments of the Superior Court (Kennebec County, Marden, J.), affirming three decisions of the Commissioner of the Department of Human Services (the Department).1 These consolidated appeals focus upon the Commissioner's issuance of a certificate of need (CON) for the development of a cancer treatment facility in southern Maine... [¶2] The decision of the Commissioner of the Department...  

[¶1] Rodman E. Thompson appeals the entry of a summary judgment in the Superior Court (Kennebec County, Marden, J.) in favor of the State Tax Assessor on its complaint to collect income taxes assessed against Thompson. Thompson argues that notice by the Assessor was deficient under both 36 M.R.S. § 111(2) (2007)1 and due process requirements, and that the court erred by finding that the... ... ... assessments became final due to Thompson's failure to request review, barring him from...  

[¶1] Houston McLane Co., Inc., d/b/a the Houston Astros Baseball Club, a Texas corporation, appeals from a decision of a Workers' Compensation Board hearing officer (Jerome, HO) determining that the Board has personal jurisdiction over the Houston Astros on Eric D. Cavers's claim for workers' compensation benefits. The Astros contend that the exercise of personal jurisdiction in this case violates due process because the only contact the Astros had with Maine was a visit by its Director of...  

[¶1] Roger and Patricia Medeika appeal from a judgment of the Superior Court (Knox County, Wheeler, J.) locating the position of a driveway and finding that neither William Watts nor John Medeika was liable for common law trespass or statutory trespass pursuant to 14 M.R.S. § 7552 (2007). Roger and Patricia argue that the court erred in: (1) failing to find common law trespass and statutory trespass; (2) failing to address their request for an injunction; and (3) denying their motions...  

[¶1] The members of the Town of Bristol Taxpayers' Association appeal from judgments entered in the Superior Court (Lincoln County, Wheeler, J.) affirming a decision of the Lincoln County Commissioners and entering final judgment for the Town on all other claims. The Taxpayers seek an abatement of their assessed real property taxes. The Taxpayers have argued only that the assessments amounted to unjust discrimination. We affirm the judgments of the Superior Court... I. BACKGROUND......  

[¶1] In this election law dispute, the following question is presented: does 21-A M.R.S. § 1014-A (2007), the Maine statute that requires a political candidate to obtain and recite, in any political advertisements, the explicit authorization received from an endorser in order to use that endorsement, impermissibly abridge a political candidate's freedom of speech protected by the First Amendment of the United States Constitution. We conclude that 21-A M.R.S. § 1014-A is...  

[¶1] H.C. Price Company appeals from a decision of a Workers' Compensation Board hearing officer (Sprague, HO) assigning a 12% permanent impairment rating to Vivian Harvey that includes 7% for the psychological sequela of a work-related physical injury. H.C. Price contends it was error to assign a percentage of impairment to the psychological component of the injury based on the American Medical Association, Guides to the Evaluation of Permanent Impairment (4th ed. 1993), required for use...  

[¶1] Lucas Tree Experts appeals from a decision of a Workers' Compensation Board hearing officer (Sprague, HO) determining that David J. Sprague suffers from 12% permanent impairment as a result of a work injury to his lower back. Lucas contends that pursuant to the American Medical Association, Guides to the Evaluation of Permanent Impairment (4th ed. 1993) (AMA Guides), it was error for the hearing officer to establish the permanent impairment rating based on a medical opinion formulated...  

[¶1] William M. Peterson appeals from a summary judgment entered in the District Court (Wiscasset, Tucker, J.) in favor of Camden National Bank on the pursuant to the principles of res judicata, that the Bank's claim is barred by a prior foreclosure action between the parties. See Camden Nat'l Bank v. Peterson (Camden I), 2008 ME 85, 948 A.2d 1251. Peterson further contends that the District Court's entry of a summary judgment in favor of the Bank was improper because Peterson raised...  

[¶1] Ed Friedman, Friends of Merrymeeting Bay (FOMB), and Douglas Harold Watts appeal from judgments of the Superior Court (Sagadahoc County, Horton, J., and Kennebec County, Jabar, J.) dismissing Friedman's, FOMB's, and Watts's M.R. Civ. P. 80C appeals for lack of subject matter jurisdiction. The appellants' three separate appeals have been consolidated. Appellants contend that the Superior Court erred in holding that the Board of Environmental Protection has nonreviewable discretion to...  

[¶1] Susan V. Nixon appeals from a divorce judgment entered in the District Court (Portland, Powers, J.) on her complaint against Thomas S. Nixon. Susan contends that the court erred in calculating transitional and general spousal support to be paid to her by Thomas, in valuing the marital home and assigning its debt, and in failing to award her attorney fees associated with the divorce. Because the spousal support awarded by the court is inadequate, we vacate the judgment and remand for...  

[¶1] This case was reported pursuant to Rule 24 of the Maine Rules of Appellate Procedure following the denial of the summary judgment motions of Liberty Insurance Underwriters, Inc. and defendant Cooke & Young Development, LLC (York County, Fritzsche, J.). We accept and answer three of the five questions reported,1 and remand for further action... I. BACKGROUND... [¶2] In 2003, attorney Peter D. Faulkner, a solo practitioner, submitted an application for lawyer's professional...  

[¶1] Vinson D. Mangos appeals from a judgment entered in the Superior Court (Androscoggin County, Marden, J.) following a jury trial finding him guilty of robbery (Class A), 17-A M.R.S. § 651(1)(E) (2007). Mangos argues that the court committed reversible error when it admitted DNA evidence purporting to link Mangos to the robbery without requiring the State to establish a sufficient foundation prior to its admission, and without allowing Mangos the opportunity to confront and...  

[¶1] James F. Schmidt appeals from a judgment of conviction entered on a jury verdict in the Superior Court (Washington County, Wheeler, J.) finding him guilty of two counts of theft by unauthorized taking or transfer (Class B), 17-A M.R.S. § 353(1)(A), (B)(1) (2007); six counts of theft by unauthorized taking or transfer (Class C), 17-A M.R.S. § 353(1)(A), (B)(4) (2007); one count of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(A), (B)(1) (2007); and...