SAUFLEY , C.J. [ 1] The State Tax Assessor appeals from a summary judgment entered by the Superior Court (Kennebec County, Murphy, J.) in favor of BCN Telecom, Inc., on BCN's appeal from the assessment of a state service provider tax, 36 M.R.S. 2552(1)(E) (2011), 1 on certain flat charges that BCN imposed on some business customers' lines from March 2008 to October 2011. The charges were designed in part to reimburse BCN for presubscribed interexchange carrier charges (PICCs) 2 that...
MEAD , J . [ 1] Maria C. Amero appeals from a judgment of the District Court (Farmington, Dow, J. ) terminating a prior spousal support award based on its finding that Maria was cohabiting with an adult partner, which triggered termination of the support pursuant to the parties' divorce judgment. Maria contends that there was insufficient evidence supporting the court's finding of cohabitation. We find no error and affirm the judgment. I. BACKGROUND [ 2] Mark and Maria divorced in 2006...
HUMPHREY , J. [ 1] Roxanne Jeskey appeals from a judgment of conviction for the intentional or knowing murder and depraved indifference murder of her husband, Richard Jeskey, entered in the Superior Court (Penobscot County, Hunter, J. ) after a bench trial. Roxanne argues that (A) there was insufficient evidence to support the court's finding beyond a reasonable doubt that she was guilty of knowing or intentional murder or depraved indifference murder; (B) the court erred by not finding...
PER CURIAM . [ 1] Sandra Bastille appeals from a judgment entered in the Superior Court (York County, O'Neil, J. ) dismissing as untimely filed her petition for review of a decision of the Board of Trustees of the Maine Public Employees Retirement System affirming an administrative determination that Bastille was ineligible for disability retirement benefits, and from the court's subsequent denial of her motion for reconsideration. Discerning no error, we affirm the court's final judgment....
PER CURIAM . [ 1] Robert D. Rossignol appeals from a judgment entered by the Superior Court (Kennebec County, Marden, J. ) affirming the decision of the Maine Public Employees Retirement System (MPERS) Board of Trustees (the Board) to affirm the Executive Director's designee's denial of Rossignol's application for disability retirement benefits. Because the record does not compel the conclusion that Rossignol has a mental or physical incapacity that "is expected to be permanent" and makes...
PER CURIAM . [ 1] Sara J.T. Behr appeals from a judgment entered by the Superior Court (Kennebec County, Murphy, J. ) affirming the decision of the Maine Public Employees Retirement System (MPERS) Board of Trustees (the Board). The Board had affirmed the decision of the executive director's designee, who had denied Behr's application for disability retirement benefits. See 5 M.R.S. 17451(1), 17925(4) (2015). Because the record does not compel a finding that Behr met her burden to...
MEAD , J. [ 1] Dale M. Pinkham Sr. appeals from a judgment of conviction entered in the Unified Criminal Docket (York County, Fritzsche, J. ) following his convictions after conditional guilty pleas, and a bench trial on aggravating factors only, on three counts of aggravated trafficking in scheduled drugs (Class A), 17-A M.R.S. 1105-A(1)(H) (Count I), (1)(B)(1) (Count II), (1)(C-1)(1) (Count III) (2015); 1 and one count of possession of a firearm by a prohibited person (Class C) (...
SAUFLEY , C.J. [ 1] In September 2014, Mainers for Fair Bear Hunting and Katie Hansberry filed a complaint in the Superior Court contending that the Department of Inland Fisheries and Wildlife's campaign activities in opposition to a question scheduled to appear on the 2014 referendum election ballot constituted an ultra vires expenditure of public funds. In November 2014, Maine voters defeated the ballot question. In March 2015, the court (Cumberland County, Wheeler, J. ) dismissed the...
PER CURIAM . [ 1] Arthur Murdock appeals, and the Maine Department of Public Safety (DPS) cross-appeals, from summary judgments entered by the Superior Court (Cumberland County, Warren, J. ) in favor of Martin Thorne on Murdock's complaint for negligence, and in favor of DPS on Murdock's complaint for uninsured motorist coverage. Because we conclude that the court improvidently granted Murdock's motion to enter final judgments on those claims pursuant to M.R. Civ. P. 54(b)(1), we...
JABAR , J. [ 1] This matter, like the matter of Edwards v. Blackman, 2015 ME 165, 129 A.3d 971 , concerns property rights in certain oceanfront lots located in the Coopers Beach neighborhood in Owls Head. In this matter, Beverly and David Gravison appeal from a judgment entered by the Superior Court (Knox County, Hjelm, J. ) denying the Gravisons' complaint for deed reformation. Joined by Darlene and Lewis Edwards, the Gravisons also challenge the court's declaration that certain...
HJELM , J. [ 1] Buddy Robinson appeals from a judgment of conviction of the murder of Christiana Fesmire, 17-A M.R.S. 201(1)(A) (2015), entered by the trial court (Androscoggin County, MG Kennedy, J. ) after a jury trial. Robinson argues that the court erred when it found that he was not unfairly prejudiced by prosecutorial misconduct and that he was denied a fair trial by the court's responses to the jury's request for a read-back during its deliberations. Although we conclude that...
PER CURIAM . [ 1] Carol Reece appeals and Jonathan Day cross-appeals from a judgment entered in the Superior Court (Kennebec County, Marden, J. ) vacating the Board of Environmental Protection's decision granting Reece's application for a coastal sand dune permit to create a vehicle access way to her property abutting Popham Beach, and to develop a lawn and walkway on the property. Reece's property is currently undeveloped, and she has not proposed placing any type of building on the land....
