City of Lewiston v. Verrinder
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The Supreme Judicial Court affirmed in part and vacated in part the summary judgment entered by the superior court in favor of the City of Lewiston on the City's land use complaint alleging two violations of City ordinances, holding that the court did not have the discretion to allow William Verrinder to pay less than the minimum statutory penalty for each violation.
On appeal, Verrinder argued that the superior court erred in concluding that his challenge to the City's notice of violation was barred by the doctrine of administrative res judicata and that the financial penalties imposed for the violations were unconstitutionally excessive. The Supreme Judicial Court vacated in part, holding (1) the superior court correctly determine that the City was entitled to judgment as a matter of law; but (2) the court erred in making the civil penalties it imposed for the two separate violations concurrent with each other rather than cumulative.
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