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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Perreault v. Parker, 490 A.2d 203 (1985)

Citation
Perreault v. Parker, 490 A.2d 203 (1985)
Parent Document
Perreault v. Parker, 490 A.2d 203 (1985)
Jurisdiction
Maine (state)
Effective Date
1985-03-29

Other Sections in This Document (54)

Full Text

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I dissent in this case because the District Court Judge’s error of law goes to the heart of the defendant’s case and contravenes a strong public policy. The error unavoidably affected the fact-finding. Thus this Court should not rely on a contradictory factual conclusion to hold that the error was inconsequential. In barring retaliatory evictions the Legislature has given tenants a very important protection. Doubts and contradictory findings should be resolved in favor of the tenant to ensure that the legislative policy behind 14 M.R. S.A. § 6001(3) is carried out. The defendant is entitled to a fair and legally correct hearing when her eviction is presumptively retaliatory.