Legal Opinion

Mehlhorn v. Derby

Supreme Judicial Court of Maine

Decided September 7, 2006PublishedCited by 57 opinions

1Opinion of the CourtCalkins, J.

[¶ 1] Stephen W. Derby, Joseph Geier-mann, and Stanwood Newell appeal from a judgment entered in Superior Court (Cumberland County, Warren, /.), ordering them to pay damages to Herbert A. Mehl-horn on both his common law and statutory trespass claims, arising out of the felling of trees on Mehlhorn’s property. 1 Derby, Geiermann, and Newell argue that the court erred when it permitted Mehl-horn to recover common law damages based on replacement costs and when it assessed statutory damages against each defendant individually. We vacate the judgment in part and affirm in part.

I. BACKGROUND

[¶ 2]…

2Cases cited6 opinions

  1. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  2. Holland v. SebunyaSupreme Judicial Court of Maine · 2000
  3. Ferris v. HaymoreCourt of Appeals for the Fourth Circuit · 1992
  4. Shrader-Miller v. MillerSupreme Judicial Court of Maine · 2004
  5. Lyle M. Rice v. Don E. Gustavel, Lee WassCourt of Appeals for the Sixth Circuit · 1989

1 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Morgan v. KooistraSupreme Judicial Court of Maine · 2008
  2. Laqualia v. LaqualiaSupreme Judicial Court of Maine · 2011
  3. Frederick B. Lincoln v. Harold Burbank IISupreme Judicial Court of Maine · 2016
  4. State of Maine v. Kristina I. LoweSupreme Judicial Court of Maine · 2015
  5. Bayview Loan Servicing, LLC v. John H. BartlettSupreme Judicial Court of Maine · 2014

52 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API