Oral arguments are at the Cumberland County Courthouse in Portland unless otherwise indicated. Additional dates may be scheduled to accommodate workload.
Caution: This schedule is subject to change. The case summaries are prepared by Court staff for the convenience of the public and are not to be construed as statements of the Court.
Oral Arguments: Tuesday, October 7, 2025
at Upper Kennebec Valley High School, Bingham
Andrew Robbins et al. v. Maine Commission on Public Defense Services et al.
Zachary L. Heiden; Carol J. Garvan; Sean D. Magenis
Topics & Briefs to be posted soon.
11:00 a.m.
Ken-25-137
Andrew Robbins et al. v. Maine Commission on Public Defense Services et al.
Zachary L. Heinden; Carol J. Garvan; Paul Suitter
Topics & Briefs to be posted soon.
1:30 p.m.
Cum-24-574
State of Maine v. Thomas G. Coffill III
Kristen M. Hughes; Rory A. McNamara; Sanders Wommack
Eluding an officer, reckless conduct with a dangerous weapon; driving to endanger,, and other offenses; reckless driving as sufficient to establish reckless conduct with a dangerous weapon; jurisdiction of grand jury to indict for conduct that occurred outside of grand jury's county
Robbery; criminal threatening with a dangerous weapon; theft; jury instruction on missing witness; use of firearm as aggravating factor in sentencing for crime that has an element that the actor was "armed with a dangerous weapon"
Shark Tank Strategies, LLC et al. v. Town of Scarborough
Gordon R. Smith; Grady R. Burns; Philip Saucier
Topics & Briefs to be posted soon.
11:30 a.m.
Aro-21-312
Dennis F. Winchester v. State of Maine
Lawrence C. Winger; Todd R. Collins
The trial court denied Dennis Winchester’s petitions for post-conviction review of his convictions for various burglaries and thefts. On appeal, Winchester argues that his attorneys in the original criminal proceedings provided ineffective assistance of counsel by failing to pursue speedy-trial claims in the trial court and on appeal. This Court invited amicus briefs to address whether Winchester’s right to a speedy trial was violated under article 1, section 6 of the Maine Constitution or under the Sixth Amendment of the United States Constitution.
1:30 p.m.
Ken-22-53
State of Maine et al. v. Moosehead Mountain Resort et al.
Lauren E. Parker; Elliott R. Teel; Jonathan M. Flagg
The Superior Court granted summary judgment and awarded damages to the State of Maine in its suit against Moosehead Mountain Resort that sought to enforce covenants on a ski area once owned by the state and now owned by Moosehead, to ensure that the land remained available to the public. Moosehead appeals, arguing that the trial court erred in determining that (1) the deed to a predecessor-in-interest of Moosehead’s required that the land be maintained in a certain way; (2) a covenant can run with the land without a benefited parcel, (3) there were no genuine issues of material fact regarding whether a certain parcel retained by the State was a benefitted parcel or whether the defense of latches applied, (4) the ambiguities in the deed regarding the covenants must be resolved in favor of the state, (5) the covenant requiring that the land be available for “public use” is reasonable, and (6) the state was not required to give notice of its interpretation of the public-use covenant before suing Moosehead.
2:20 p.m.
Was-22-75
Francis Janusz et al. v. Eric Bacon et al.
William N. Palmer; Jonathan E. Selkowitz
The District Court granted summary judgment in favor of Francis and Maryann Janusz on their complaint for foreclosure against Eric Bacon. Bacon appeals, arguing that the trial court erred in determining that (1) the parties had completed mediation, which is a statutory prerequisite to a judgment of foreclosure; and (2) Bacon received proper notice of the motion for summary judgment even though the Januszes did not mail a copy of the motion to Bacon’s address of record.
3:10 p.m.
Lin-22-85
Michael Zani et al. v. Medora Zani et al.
Laura P. Shaw; Christopher K. MacLean; Marie Mueller; George T. Dilworth; Amy K. Olfene; Andre G. Duchette
In 2018, while she was the subject of a guardianship and conservatorship, Patricia Spofford executed a will that was admitted to probate upon her death. Spofford’s sons, Michael Zani and Peter Zani, filed suit in the Superior Court seeking a declaratory judgment that their mother lacked testamentary capacity when she executed the 2018 will and the imposition of a constructive trust on Spofford’s property, and alleging wrongful interference with an expectancy of inheritance against a beneficiary of the will and fraud against a witness to the will.
The Superior Court entered summary judgment against the Zanis on all counts. The Zanis appeal, arguing that the Superior Court erred in determining that there was no dispute of material fact regarding Spofford’s testamentary capacity on the date that she executed the 2018 will given that there was evidence of Spofford’s lack of testamentary capacity both before and after that date.
Oral Arguments: Thursday, October 9, 2025
at Falmouth High School, Falmouth
Patricia M. Minerich et al. v. Boothbay-Boothbay Harbor Community School District et al.
Kristin M. Collins; David Kallin
Topics & Briefs to be posted soon.
2:50 p.m.
Cum-25-109
Shark Tank Strategies, LLC et al. v. Town of Scarborough
Gordon R. Smith; Grady R. Burns; Philip Saucier
Topics & Briefs to be posted soon.
11:30 a.m.
Aro-21-312
Dennis F. Winchester v. State of Maine
Lawrence C. Winger; Todd R. Collins
The trial court denied Dennis Winchester’s petitions for post-conviction review of his convictions for various burglaries and thefts. On appeal, Winchester argues that his attorneys in the original criminal proceedings provided ineffective assistance of counsel by failing to pursue speedy-trial claims in the trial court and on appeal. This Court invited amicus briefs to address whether Winchester’s right to a speedy trial was violated under article 1, section 6 of the Maine Constitution or under the Sixth Amendment of the United States Constitution.
1:30 p.m.
Ken-22-53
State of Maine et al. v. Moosehead Mountain Resort et al.
Lauren E. Parker; Elliott R. Teel; Jonathan M. Flagg
The Superior Court granted summary judgment and awarded damages to the State of Maine in its suit against Moosehead Mountain Resort that sought to enforce covenants on a ski area once owned by the state and now owned by Moosehead, to ensure that the land remained available to the public. Moosehead appeals, arguing that the trial court erred in determining that (1) the deed to a predecessor-in-interest of Moosehead’s required that the land be maintained in a certain way; (2) a covenant can run with the land without a benefited parcel, (3) there were no genuine issues of material fact regarding whether a certain parcel retained by the State was a benefitted parcel or whether the defense of latches applied, (4) the ambiguities in the deed regarding the covenants must be resolved in favor of the state, (5) the covenant requiring that the land be available for “public use” is reasonable, and (6) the state was not required to give notice of its interpretation of the public-use covenant before suing Moosehead.
2:20 p.m.
Was-22-75
Francis Janusz et al. v. Eric Bacon et al.
William N. Palmer; Jonathan E. Selkowitz
The District Court granted summary judgment in favor of Francis and Maryann Janusz on their complaint for foreclosure against Eric Bacon. Bacon appeals, arguing that the trial court erred in determining that (1) the parties had completed mediation, which is a statutory prerequisite to a judgment of foreclosure; and (2) Bacon received proper notice of the motion for summary judgment even though the Januszes did not mail a copy of the motion to Bacon’s address of record.
3:10 p.m.
Lin-22-85
Michael Zani et al. v. Medora Zani et al.
Laura P. Shaw; Christopher K. MacLean; Marie Mueller; George T. Dilworth; Amy K. Olfene; Andre G. Duchette
In 2018, while she was the subject of a guardianship and conservatorship, Patricia Spofford executed a will that was admitted to probate upon her death. Spofford’s sons, Michael Zani and Peter Zani, filed suit in the Superior Court seeking a declaratory judgment that their mother lacked testamentary capacity when she executed the 2018 will and the imposition of a constructive trust on Spofford’s property, and alleging wrongful interference with an expectancy of inheritance against a beneficiary of the will and fraud against a witness to the will.
The Superior Court entered summary judgment against the Zanis on all counts. The Zanis appeal, arguing that the Superior Court erred in determining that there was no dispute of material fact regarding Spofford’s testamentary capacity on the date that she executed the 2018 will given that there was evidence of Spofford’s lack of testamentary capacity both before and after that date.
Aggravated trafficking of scheduled drugs; search and seizure; standing to challenge warrant authorizing tracking device on car that defendant was frequently a passenger in
After a bench trial, Zachary Borg was convicted of domestic violence aggravated assault (Class B), domestic violence reckless conduct (Class D), and endangering the welfare of a child (Class D). The victim was a child who ingested fentanyl that she found in the house after Borg and some guests of his used fentanyl in the house and one of the guests lost some of the fentanyl. Borg appeals, challenging the conviction for assault and arguing that (1) the court failed to make the necessary findings that the State had proved that Borg had the required mental state as to his conduct; (2) before a court may convict a person of assault, the State must prove that the person engaged in the “use” of “force” against the victim, and Borg did not use any force against the victim and (3) the conduct that the court found that Borg committed was not legally sufficient to cause the required resulting harm.
The Town of Eliot’s Zoning Board of Appeals reversed the decision of the town’s Planning Board approving Odiorne Lane Solar, LLC’s application to install ground-mounted solar arrays on land owned by the Estate of Lillian H. Cromwell. Odiorne sought review by the Superior Court, which reversed the decision of the Board of Appeals, thereby permitting the project to proceed.
Jay Meyer, whose property abuts the Estate’s land, appeals, arguing that (1) the Planning Board erred in determining that Odiorne’s application was for a “public utility facility,” which is permitted in any zone in the town; (2) the Superior Court erred in determining that he had waived any challenge to the project based on the town’s back-lot ordinance; and (3) the proposed solar array violates the back-lot ordinance because the land does not have access to a public road through an adequate right-of-way.
11:00 a.m.
Cum-24-82
Peter Masucci et al. v. Judy's Moody, LLC, et al.
Orlando E. Delogu; Lauren E. Parker; Scott W. Boak; Keith P. Richard; Benjamin Ford; Sandra Guay; Joseph G. Talbot; Emily A. Arvizu; Camerin M. Rivera; David P. Silk; Gordon R. Smith
Roger Ouellette entered a conditional guilty plea to OUI. Ouellette appeals from the denial of his motion to suppress, arguing that the trooper who charged him was not permitted to enter the curtilage of his home at night either to summons him for a traffic violation or for the purposes of an “OUI investigation” after seeing him drive partially in the lane for opposing traffic on a two-lane road, drive up a private road to a garage, and then, ten minutes later, cross the two-lane road, drive down another private road, and stop in front of a house.
1:30 p.m.
Ken-22-53
State of Maine et al. v. Moosehead Mountain Resort et al.
Lauren E. Parker; Elliott R. Teel; Jonathan M. Flagg
The Superior Court granted summary judgment and awarded damages to the State of Maine in its suit against Moosehead Mountain Resort that sought to enforce covenants on a ski area once owned by the state and now owned by Moosehead, to ensure that the land remained available to the public. Moosehead appeals, arguing that the trial court erred in determining that (1) the deed to a predecessor-in-interest of Moosehead’s required that the land be maintained in a certain way; (2) a covenant can run with the land without a benefited parcel, (3) there were no genuine issues of material fact regarding whether a certain parcel retained by the State was a benefitted parcel or whether the defense of latches applied, (4) the ambiguities in the deed regarding the covenants must be resolved in favor of the state, (5) the covenant requiring that the land be available for “public use” is reasonable, and (6) the state was not required to give notice of its interpretation of the public-use covenant before suing Moosehead.
2:20 p.m.
Was-22-75
Francis Janusz et al. v. Eric Bacon et al.
William N. Palmer; Jonathan E. Selkowitz
The District Court granted summary judgment in favor of Francis and Maryann Janusz on their complaint for foreclosure against Eric Bacon. Bacon appeals, arguing that the trial court erred in determining that (1) the parties had completed mediation, which is a statutory prerequisite to a judgment of foreclosure; and (2) Bacon received proper notice of the motion for summary judgment even though the Januszes did not mail a copy of the motion to Bacon’s address of record.
3:10 p.m.
Lin-22-85
Michael Zani et al. v. Medora Zani et al.
Laura P. Shaw; Christopher K. MacLean; Marie Mueller; George T. Dilworth; Amy K. Olfene; Andre G. Duchette
In 2018, while she was the subject of a guardianship and conservatorship, Patricia Spofford executed a will that was admitted to probate upon her death. Spofford’s sons, Michael Zani and Peter Zani, filed suit in the Superior Court seeking a declaratory judgment that their mother lacked testamentary capacity when she executed the 2018 will and the imposition of a constructive trust on Spofford’s property, and alleging wrongful interference with an expectancy of inheritance against a beneficiary of the will and fraud against a witness to the will.
The Superior Court entered summary judgment against the Zanis on all counts. The Zanis appeal, arguing that the Superior Court erred in determining that there was no dispute of material fact regarding Spofford’s testamentary capacity on the date that she executed the 2018 will given that there was evidence of Spofford’s lack of testamentary capacity both before and after that date.
Future Dates
Oral arguments
Consideration on briefs
September 9, 10, and 11, 2025, at Portland
Week of September 22, 2025
October 7, 8, and 9, 2025 at Falmouth High School, Oak Hill High School (Wales), Valley High School (Bingham), and Portland
Week of October 27, 2025
November 12, 13, and 14, 2025, at Portland
Week of November 24, 2025
December 9, 10, and 11, 2025, at Bangor
Week of December 29, 2025
January 6, 7, and 8, 2026, at Augusta
Week of January 19, 2026
February 3, 4, and 5, 2026, at Portland
Week of February 16, 2026
March 3, 4, and 5, 2026, location to be announced
Week of March 16, 2026
April 7, 8, and 9, 2026, location to be announced
Week of April 20, 2026
May 6, 7, and 8, 2026, location to be announced
Week of May 18, 2026
June 2, 3, and 4, 2026, location to be announced
Week of June 16, 2026
[No oral arguments will be held in July or August 2026]
[No on-briefs consideration will be held in July or August 2026]