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. For example, these findings and conclusions completely omit any mention of the plaintiff's receipt of a Notice of Municipal Code Violations from the City of Lewiston on September 2, 1983, a fact material to the retaliation issue. See infra...
[5] For example, these findings and conclusions completely omit any mention of the plaintiff's receipt of a Notice of Municipal Code Violations from the City of Lewiston on September 2, 1983, a fact material to the retaliation issue. See...
Because he explicitly did not presume retaliation as the statute required, the Judge could not properly have weighed the evidence. This Court stretches the meaning of the above quoted statement of the District Court Judge when it states that he...
Because he explicitly did not presume retaliation as the statute required, the Judge could not properly have weighed the evidence. This Court stretches the meaning of the above quoted statement of the District Court Judge when it states that he...
...site differently was credible, and that “[ejven if he had filed this action within six months of [Poole’s] notice [regarding the necessary repairs], [Mulholland] has successfully rebutted the presumption of retaliation in 14 M.R.S.A. § 6001(3).”
Budman’s assertion that Union River initiated the forcible entry and de-tainer action in retaliation for his earlier complaint regarding religious discrimination had nothing to do with the basis for Budman’s eviction, i.e., his failure to pay...
[¶ 9] In the present case, the District Court was convinced by Mulholland’s testimony that his reason for evicting Poole was not retaliation, but rather a desire to use the site differently. Therefore, the court appropriately found that Mulholland was...
...It provides at least 30 days' notice, and I also find that there is no evidence of retaliation or of discriminatory practices on the part of the landlord. There was some evidence of an unsafe or unfit housing defense concerning...
...If a tenant has previously complained about the condition of the property, there may be a presumption that the eviction was commenced in retaliation for those complaints. See 14 M.R.S.A. § 6001(3). If a landlord successfully rebuts...
...Poole asserted the defense of retaliation pursuant to 14 M.R.S.A. § 6001(3) (2003).
[¶17] Additionally, the court found that Jackson had intimidated staff in violation of the lease, which prohibited acts "of intimidation, retaliation, harassment, verbal abuse, physical threat of violence or social misconduct of, or to, any employee."4 The management company...
...that he cannot exit the building without confronting her,” “intimidating him,” and threatening to send someone to “enact an undisclosed form of retaliation against [him].” Blackhouse also asserted that Doe’s actions have contributed to the deterioration of his health.
...that he cannot exit the building without confronting her," "intimidating him," and threatening to send someone to "enact an undisclosed form of retaliation against [him]." Blackhouse also asserted that Doe's actions have contributed to the deterioration of his health.
...The only issue raised by Poole at that point was whether or not his eviction was due to retaliation on the part of his landlord. Poole did not introduce the subject of the value of the mobile home until he...
...In that appeal, the only question of material fact he raised was whether Mulholland was motivated by retaliation in evicting him. Poole then moved to stay the issuance of the writ of possession. At that point, for the first time...
[¶ 13] Here, the court erred by failing to consider Budmaris claim of religious discrimination to determine whether the presumption of retaliation had been established and, if so, whether Union River rebutted the presumption. This failure was, however, harmless because the...
Before addressing the retaliation issue, we pause to comment on the fact that the District Court adopted verbatim the findings of fact and conclusions of law proposed by the plaintiff. In In re Sabrina M., we noted at some length...
Before addressing the retaliation issue, we pause to comment on the fact that the District Court adopted verbatim the findings of fact and conclusions of law proposed by the plaintiff. In In re Sabrina M., we noted at some length...