Maine Revised Statutes Title 5 Sec. 4632 – Offensive names
Current as of: 2023 | Check for updates
|
Other versions
1. Complaint. Any person, including any employee of the commission, may file a complaint with the commission which states the belief that a name of a place is offensive, as defined in Title 1, section 1101.
[PL 1977, c. 259, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 4632
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
2. Preliminary investigation. Upon receipt of such a complaint, the commission or its delegated single commissioner or investigator shall conduct a brief preliminary investigation as it deems necessary to determine whether the name of the place is offensive.
[PL 1977, c. 259, §3 (NEW).]
3. Order of dismissal. If the commission finds that the place does not have an offensive name, it shall enter an order so finding, and shall dismiss the proceeding.
[PL 1977, c. 259, §3 (NEW).]
4. Agreement. If the commission finds that the place does have an offensive name, it shall endeavor to accomplish a change in the name by an agreement with the municipal officers or county commissioners to initiate and implement the actions required to change the name, as provided in Title 1, section 1104.
[PL 1977, c. 259, §3 (NEW).]
5. Civil action by commission. If the commission is unable to obtain an agreement under subsection 4 or if the agreement is not carried out, the commission shall file in the Superior Court a civil action seeking such relief as is appropriate.
[PL 1977, c. 259, §3 (NEW).]
6. Procedure in Superior Court. Any action filed by the commission pursuant to subsection 5 shall be heard by the Superior Court and shall be subject to the following provisions:
A. The court shall hear the case and grant relief as in other civil actions for injunctions. [PL 1977, c. 259, §3 (NEW).]
B. Any such action shall be brought in the name of the commission. [PL 1977, c. 259, §3 (NEW).]
C. Any person aggrieved by the alleged offensive name may intervene in such an action. [PL 1977, c. 259, §3 (NEW).]
D. In no such action brought by the commission shall any injunction bond be required; nor shall damages be assessed for the wrongful issuance of an injunction. [PL 1977, c. 259, §3 (NEW).]
E. If the court finds that a place has an offensive name, its judgment shall specify an appropriate remedy. Such remedy shall include an order requiring the municipal officers or county commissioners:
(1) To initiate procedures, which may be described in the order, for changing the name of the place, and
(2) To have completed the change of name and the notification as required in Title 1, section 1104, within 90 days of the issuance of the order. [PL 1977, c. 259, §3 (NEW).]
[PL 1977, c. 259, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 259, §3 (NEW).