N. SCH. CONGREGATE HOUSING v. MERRITHEW


558 A.2d 1189 (1989)

NORTH SCHOOL CONGREGATE HOUSING v. Ruth MERRITHEW.

Supreme Judicial Court of Maine.

Decided May 18, 1989.


Attorney(s) appearing for the Case

Neil Shankman (orally), Legal Center of Maine, Lewiston, for plaintiff.

James E. Tierney, Atty. Gen., Peter J. Brann, Asst. Atty. Gen., Augusta, amicus curiae.

Thomas H. Kelley, Peter Darvin (orally), Pine Tree Legal Assistance, Inc., Portland, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD and HORNBY, JJ.


HORNBY, Justice.

When a landlord uses Maine's Forcible Entry and Detainer (FED) statute to evict a tenant, is the tenant entitled to a jury trial under the Maine Constitution? The answer to that question requires a review of some 200 years of history. We conclude that, until the 1960's, jury trials were always available in suits of this general nature and that the Maine Constitution requires them to be available now.

The material facts of the case are simple...

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