State of Maine v. Winterwood Acres, Inc.

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SUPERIOR COURT CIVIL ACTION DOCKET NO. CVT6-339 :.b L ) / J ~ ;- L2 4 ,,"<TJ7 STATE OF MAINE YORK, ss. ' 9 , I f' STATE OF MAINE, DEPARTMENT OF ENVIRONWlENTAL PROTECTION, Plaintiff ORDER WINTERWOOD ACRES, INC., WINTERWOOD FARMS, LLC and BELTIE, INC., Defendants This is a Rule 80K, M.R.Civ.P. action whereby the State seeks both injunctive relief and monetary sanctions for alleged violations of Maine's Water Pollution Control Act, 38 M.R.S.A. g413 and other environmental protection statutes. The Defendants have requested a jury trial and the State has moved to remand to the District Court, asserting that, because it seeks primarily injunctive relief, the Defendants do not have a right to jury trial. In its memorandum, the State argues that the issue is controlled by Department o f Environmental Protection v. Emerson, 616 A.2d 1268 (Me. 1992), but does not address the effect of the more recent case of City o Biddeford v. Holland, 2005 Me. 121, 886 A.2d 1281 f on the issue sub judice. The Defendants argue that the Holland case controls the issue, but they do not address the Emerson case, wherein a civil sanction of $191,000 was imposed, as well as substantial injunctive relief. Because the Law Court does not explicitly overrule Emerson in Holland, and because the availability of a jury trial in fairly complicated environmental cases marks a significant change from past procedure, I request that the parties file supplemental memoranda addressing the issue of whether Holland overrules Emerson sub silentio. May I request that the parties respond by March 9,2007. At the direction of the Court, this Order shall be incorporated into the docket r f erenc Rule 79(a) 8xtecf: February 9 ,2007 Justice, Superior Court Carol A. Blasi,AAG - PL Laura K.S. Welles, AAG - PL Michael I. Montembeau, Esq. - DEF

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