Maine Revised Statutes Title 38 Sec. 444-A – Civil suit
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1. Suit authorized. Any water utility, as defined in Title 35?A, section 102, may commence a civil action for injunctive relief against an owner of property in the shoreland zone when the following conditions are met.
A. A violation of a municipal shoreland zoning ordinance is alleged to have occurred. [PL 1989, c. 733, §2 (NEW).]
B. The water utility bringing the civil action has a water supply that is directly affected by the alleged violation. [PL 1989, c. 733, §2 (NEW).]
[PL 1989, c. 733, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 444-A
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Plaintiff: The person who files the complaint in a civil lawsuit.
2. Suit prohibited. An action may not be brought under this section if the Federal Government, State Government or a municipality of the State has commenced and is pursuing an administrative, civil or criminal action to remedy the alleged violation.
[PL 1989, c. 733, §2 (NEW).]
3. Notice. An action may not be commenced under this section unless the plaintiff has given at least 60 days’ notice to the alleged violator, the department, the Attorney General, and the municipality or municipalities in which the violation is alleged to have occurred. If the violation occurs within the jurisdiction of the Maine Land Use Planning Commission, the commission must be given notice in place of the department and the municipality.
[PL 1989, c. 733, §2 (NEW); PL 2011, c. 682, §38 (REV).]
4. Jurisdiction. An action may be commenced in the District Court or Superior Court in the county in which the violation is alleged to have occurred.
[PL 1989, c. 733, §2 (NEW).]
5. Intervention. The Attorney General may intervene in any case brought under this section.
[PL 1989, c. 733, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 733, §2 (NEW). PL 2011, c. 682, §38 (REV).