Town of Kennebunkport v. McCarthy

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BIDDEFORD DISTRICT COURT CIVIL ACTION DOCKET NO. BID-CV-04-057 STATE OF MAINE YORK, ss. , . . -3y TOWN OF KENNEBUNKPORT and BRIAN SHAW, as Code Enforcement Officer of the Town of Kennebunkport, ,I - ' , DONALD L. GARBRECHT LAW f.IBRARY DEC n 8 2006 Plaintiffs ORDER THOMAS F. McCARTHY, as Trustee of the Valeska Family Trust and JEAN BOUCHER, Defendants Following review of the pleadings, but without hearing, the Town's Bill of Costs in the sum of $228.92 is approved and that sum is awarded to the Town. The Town's Request for Prejudgment and Post Judgment Interest is granted in part and denied in part. Prejudgment interest is waived by the court. 14 M.R.S.A. §1602(1)(B). This case does not involve a claim for compensatory damages, but rather a request for a monetary sanction. Prejudgment interest is a form of compensatory damages. Moholland v. Empire Fire G. Marine Ins. Co., 2000 ME 26, 746 A.2d 362 (Me. 2000). As noted earlier, the evidence did not reveal significant environmental damages. The monetary damages are sanctions imposed principally as a penalty and a deterrent, and do not become obligations until judgment is rendered. The Town is awarded post judgment interest in the sum of $14.90 per day beginning on September 26, 2006. These awards are made over objection. Dated: November 16,2006 MELISSA HEWEY, ESQ. - P L A I N T I F F ROBERT NADEAU, ESQ. - DEFENDANT SEAN T . MCCARTHY, ESQ. PRO HAC VICE JEAN BOUCHER - DEFENDANT - p r o s e . Arthur Brennan - DEFEND ustice, Superior Court

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