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Maine

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Mick Land Development v. Town of South Berwick — Planning Board May Condition Subdivision Approval on Redesigned Access to Protect Pedestrian Safety

The Maine Supreme Judicial Court affirmed the South Berwick Planning Board’s condition requiring a subdivision developer to route primary access through Industry Drive rather than the existing residential Meadow Pond Road, holding the Board had implied authority to impose the condition, that resident lay testimony about road hazards was competent substantial evidence, and that the decision was not arbitrary and capricious.

Supreme Judicial Court of Maine
Uncategorized

State v. Pelletier — Victim’s Verbal Objections During Sexual Assault Are Not Hearsay

The Maine Supreme Judicial Court affirmed gross sexual assault convictions, holding that a bystander’s testimony about the victim’s verbal objections — “no,” “nothing’s happening,” and “I have a boyfriend” — was not hearsay because those statements were offered not for their truth but to prove the defendant’s awareness of the victim’s non-acquiescence.

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