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Paul Ballerstein, et ux. v. Penelope McHatten, et al.
Paid petition · Supreme Judicial Court of Maine, No. Aro-20-97 · judgment November 3, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In this civil case, Maine courts deprived the defendants of their property, after concluding that the facts “foreclose” doing so. The trial court found that actually meeting the statutory requirements was a “factual impossibility”, but then it invoked that selfsame statute against them anyway. Gan a civil court arbitrarily override clearly written statutory requirements? The court purposefully ruled contrary to the facts on record, in violation of statutory requirements, in order to penalize one party in favor of the other. Does demonstrated judicial bias/prejudice prove insufficient Due Process, and thereby render its entire judgment invalid?
Counsel of record
For petitioner
Paul Ballerstein
For respondent
Luke M. Rossignol
Bemis and Rossignol, LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- May 03 2021Petition DENIED.
- Apr 14 2021DISTRIBUTED for Conference of 4/30/2021.
- Apr 12 2021Waiver of right of respondents Penelope McHatten, et al. to respond filed.
- Apr 07 2021Petition for a writ of certiorari filed. (Response due May 10, 2021)