Senator Corp. v. State, Department of Transportation

458 A.2d 1236, 1983 Me. LEXIS 653
CourtSupreme Judicial Court of Maine
DecidedApril 15, 1983
StatusPublished

This text of 458 A.2d 1236 (Senator Corp. v. State, Department of Transportation) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Senator Corp. v. State, Department of Transportation, 458 A.2d 1236, 1983 Me. LEXIS 653 (Me. 1983).

Opinion

VIOLETTE, Justice.

The Senator Corporation appeals from a judgment of the Superior Court, Kennebec County, denying the company’s Petition for Review of a decree by the Commissioner of the Maine Department of Transportation (“Department”) requiring the company to remove an advertising sign. We sustain the appeal and reverse the judgment.

The Senator Corporation, owner of the Senator Inn and Restaurant in Augusta, erected a sign facing the Maine Turnpike in 1960. In 1979, pursuant to the Maine Traveler Information Services Act, 23 M.R.S.A. §§ 1901-1925 (1980) (“Billboard Act”), the Department sent the Senator Corporation a sign removal notice. The removal notice was affirmed by the Commissioner after a Department hearing and, after the company’s Petition for Reconsideration was denied, the company appealed the Commissioner’s decree to the Superior Court.

Prior to the Superior Court’s decision on the Senator Corporation’s appeal, the United States Court of Appeals for the First Circuit ruled, in John Donnelly & Sons v. Campbell, 639 F.2d 6 (1st Cir.1980), that the entire Billboard Act was an unconstitutional violation of the First Amendment; the court, however, stayed its mandate pending appeal to the United States Supreme Court. The Maine Legislature then simultaneously repealed the Billboard Act and re-enacted it in slightly amended form to meet the First Circuit’s objections. See 23 M.R.S.A. §§ 1901-1925 (Supp.1982-1983) (“Re-enacted Billboard Act”). The Supreme Court affirmed Donnelly without opinion, 453 U.S. 916, 101 S.Ct. 3151, 69 L.Ed.2d 999 (1981), and the Donnelly mandate was issued effective when first decided by the First Circuit.

The Superior Court decision in the instant case, issued almost a year after the Supreme Court ruling in Donnelly, affirmed the Commissioner’s decree mandating removal of the Senator Corporation’s sign. The Superior Court did, however, stay its order pending the Senator Corporation’s appeal to the Law Court. Shortly thereafter, the Department issued the company a new sign removal notice, this one pursuant to the Re-enacted Billboard Act. After the Senator Corporation’s request for an administrative hearing was denied by the Department, the company appealed that denial and obtained a stay of Department sign removal proceedings from the Superior Court and a stay of Superior Court proceedings from the Law Court.

I.

The Senator Corporation contends that its dispute with the Department may be “amply decided” by the proceedings initiated by the Department under the Re-en[1238]*1238acted Billboard Act. The company therefore urges this Court to find that the Department’s decision to issue it a sign removal notice under the Re-enacted Billboard Act constitutes an “intervening circumstance” which “supersedes and replaces” the instant controversy and thus renders this appeal moot.

On several occasions, we have found that post-trial events have rendered a case moot. See, e.g., Taylor v. Commissioner of Mental Health and Corrections, 431 A.2d 1304, 1306-07 (Me.1981) (petitioner, prior to his appeal, obtained relief under a later petition which constituted all the relief he was legally entitled to); Cote v. Zoning Board of Appeals, 398 A.2d 419, 420 (Me.1979) (after oral argument before the Law Court, plaintiff conveyed his land and thus no longer needed the building permit being challenged); School Administrative District No. 61 v. Lake Region Teachers Association, 328 A.2d 393, 393-94 (Me.1974) (in action challenging Superior Court stay of arbitration hearing, teacher’s association withdrew its grievance from arbitration prior to filing its notice of appeal). In each of these cases, however, there remained insufficient “practical effects flowing from the resolution of [the] litigation to justify the application of limited judicial resources.” State v. Gleason, 404 A.2d 573, 578 (Me.1979). In the instant case, the Senator Corporation concedes that “[tjhere is no question but that a controversy between the Senator and the Department continues to exist.” We need only add that our resolution of this appeal, regardless of the outcome, will have a direct and immediate impact on the controversy. We therefore decline to rule this appeal moot.

II.

The Senator Corporation also argues that the Supreme Court ruling in Donnelly required the Superior Court to vacate the Commissioner’s decree ordering the removal of the company’s sign. We agree.

A change in the law while a case is on direct review generally requires the reviewing court to apply the law as it exists at the time of the decision “unless doing so would result in manifest injustice or there is statutory direction or legislative history to the contrary.” Bradley v. School Board, 416 U.S. 696, 710-11, 94 S.Ct. 2006, 2016, 40 L.Ed.2d 476, 488 (1974). In this case we must first note that we are bound by the Supreme Court’s decision, in Donnelly, that the entire Billboard Act was unconstitutional. See State v. Howes, 432 A.2d 419, 423 (Me.1981); State v. Knowles, 371 A.2d 624, 627-28 (Me.1977).

Where, as here, a statute has been declared unconstitutional, neither statutory direction nor legislative intent can validate proceedings under that statute. See United States v. Chambers, 291 U.S. 217, 223-24, 54 S.Ct. 434, 435-36, 78 L.Ed. 763, 766 (1934). Concerns over “manifest injustice” center on “(a) the nature and identity of the parties, (b) the nature of their rights, and (c) the nature of the impact of the change of law upon those rights.” Bradley, 411 U.S. at 717, 94 S.Ct. at 2019, 40 L.Ed.2d at 491-92. In this case, where a governmental agency is seeking to enforce a statute found violative of the First Amendment, we perceive no manifest injustice in ordering the vacation of the Department’s decree. See id. at 718-21, 94 S.Ct. at 2019-21, 40 L.Ed.2d at 492-94; United States v. Schooner Peggy, 5 U.S. (1 Cranch) 103, 110, 2 L.Ed. 49, 51 (1801).

Both parties to this appeal urge the Law Court to adopt the balancing test for retroactive application used by the Supreme Court. See, e.g., Lemon v. Kurtzman, 411 U.S. 192, 198-99, 93 S.Ct. 1463, 1468-69, 36 L.Ed.2d 151, 160-61 (1973). That test, however, as the Supreme Court has pointed out on several occasions, is applied only to judgments under collateral attack, not to cases on direct review. See Bradley, 416 U.S. at 710-11, 94 S.Ct. at 2016, 40 L.Ed.2d at 488; [1239]*1239Linkletter v. Walker,

Related

United States v. Schooner Peggy
5 U.S. 103 (Supreme Court, 1801)
United States v. Chambers
291 U.S. 217 (Supreme Court, 1934)
Linkletter v. Walker
381 U.S. 618 (Supreme Court, 1965)
Lemon v. Kurtzman
411 U.S. 192 (Supreme Court, 1973)
Bradley v. School Bd. of Richmond
416 U.S. 696 (Supreme Court, 1974)
State v. Howes
432 A.2d 419 (Supreme Judicial Court of Maine, 1981)
Cote v. Zoning Board of Appeals for City of Bangor
398 A.2d 419 (Supreme Judicial Court of Maine, 1979)
School Administrative District No. 61 v. Lake Region Teachers Ass'n
328 A.2d 393 (Supreme Judicial Court of Maine, 1974)
State v. Bean
195 A.2d 68 (Supreme Judicial Court of Maine, 1963)
State v. Gleason
404 A.2d 573 (Supreme Judicial Court of Maine, 1979)
State v. Knowles
371 A.2d 624 (Supreme Judicial Court of Maine, 1977)
Taylor v. Commissioner of Mental Health & Correction
431 A.2d 1304 (Supreme Judicial Court of Maine, 1981)
John Donnelly & Sons v. Campbell
639 F.2d 6 (First Circuit, 1980)
Campbell v. John Donnelly & Sons
453 U.S. 916 (Supreme Court, 1981)

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Bluebook (online)
458 A.2d 1236, 1983 Me. LEXIS 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/senator-corp-v-state-department-of-transportation-me-1983.