Soil Preparation, Inc. v. Town of Plymouth

CourtSuperior Court of Maine
DecidedMay 20, 2017
DocketCUMbcd-cv-16-32
StatusUnpublished

This text of Soil Preparation, Inc. v. Town of Plymouth (Soil Preparation, Inc. v. Town of Plymouth) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Soil Preparation, Inc. v. Town of Plymouth, (Me. Super. Ct. 2017).

Opinion

STATE OF MAINE BUSINESS AND CONSUMER COURT CUMBERLAND, SS. LOCATION: PORTLAND Docket No. BCD-CV-16-32 /

SOIL PREPARATION, INC., ) ) Plaintiff, ) ) ORDER ON PLAINTIFF'S MOTION V. ) FOR PARTIAL RECONSIDERATION ) TOWN OF PLYMOUTH, ) ) Defendant. ) )

Plaintiff Soil Preparation, Inc. ("SPI") has moved for partial reconsideration of the

court's March 28, 2017 order denying Plaintiffs motion for summary judgment on Counts I, III,

V of its complaint and granting summary judgment for Defendant Town of Plymouth (the

"Town") on those counts pursuant to Maine Rule of Civil Procedure 56(c). For the following

reasons, SPI's motion for partial reconsideration is granted.

BACKGROUND As set forth in the court's March 28, 2017 order on SPI's motion for summary judgment,

SPI operates a solid waste facility in Plymouth, Maine licensed by the Maine Department of

Environmental Protection ("DEP"). SPI receives and processes septage, sludge, and other

materials from several municipalities, quasi-municipal entities, and licensed haulers throughout

Maine.

On March 19, 2016, the Town adopted "An Ordinance Regulating Solid Waste Facilities"

(the "Solid Waste Ordinance" or "Ordinance"). On or about May 9, 2016, the Town sent a letter

to SPI informing it of the new Solid Waste Ordinance and instructing SPI to submit an

application for a new permit to the Planning Board. SPI filed a complaint against the Town on

July 28, 2016. SPI's complaint set forth seven counts for declaratory judgment challenging the validity and applicability of the Ordinance and two civil rights claims pursuant to 42 U.S.C. §

1983. The Town answered on August 26, 2016. This matter was subsequently transferred to the

Business and Consumer Court.

During a telephonic conference with the court on December 14, 2016, SPI represented to

the court that Counts I, III, and V of its complaint presented dispositive legal issues that could be

decided without discovery. The court stayed discovery and set a briefing schedule for SPI to

submit a motion for summary judgment on Counts I, III, and V. SPI filed its motion for

summary judgment on January 9, 2017. SPI requested that the court enter summary judgment

declaring: (1) that the authority the Town intends to exercise pursuant to the Solid Waste

Ordinance exceeds the powers allowed by the Legislature pursuant to 38 M.R.S. § 1310-U of the

Maine Hazardous Waste, Septage and Solid Waste Management Act (the "Solid Waste Act")

(Count I); (2) that § 1310-U specifies the areas in which municipalities can impose standards,

that the Ordinance exceeds those areas, and that Ordinance is therefore invalid (Count III); and

(3) that, pursuant to the terms of§ 1.2 of the Ordinance, the Town's Solid Waste Ordinance does

not apply to SPI's pre-existing facility (Count V).

On March 28, 2017, the court entered an order denying SPI's motion for summary

judgment on Counts I, III, and V. In its order, the court rejected SPI's arguments regarding §

1310-U and its interpretation of the Ordinance. The court also entered summary judgment in

favor of the Town on Counts I, III, and V pursuant to Maine Rule of Civil Procedure 56(c).

SPI filed a motion of partial reconsideration on April 7, 2017. SPI does not object to the

court's denial of its motion for summary judgment. (Pl. Mot. Reconsider 2, 6.) SPI only

requests that the court vacate its entry of summary judgment for the Town. (Id. at 8.) The Town

2 filed an opposition on April 21, 2017. SPI filed its reply on April 28, 2017. Oral argument was

held on May 5, 2017.

STANDARD OF REVIEW

Motions for reconsideration are permitted to bring to the court's attention an error,

omission, or new material that could not previously have been presented. M.R. Civ. P. 7(b)(5).

A motion to reconsider a judgment shall be treated as motion to alter or amend the judgment.

M.R. Civ. P. 59(e). The court will grant a motion to amen~ the judgment if "it is reasonably

clear that prejudicial error has been committed or that substantial justice has not been done."

Cates v. Farrington, 423 A.2d 539, 541 (Me. 1980).

ANALYSIS

SPI asserts that its motion for summary judgment was not comprehensive, but rather,

limited to certain, discrete issues of law appropriate for summary judgment. (Pl. Reply 1-2.) SPI

contends that the court's entry of summary judgment in favor of the Town as the non-moving

party was overly broad because it precluded SPI from litigating any further legal or factual issues

that may arise under Counts I, III, and V. (Pl. Mot. Reconsider 6.)

Count I of SPI's complaint seeks a declaratory judgment that the Solid Waste Ordinance

exceeds the authority granted by the Legislature under § 1310-U and § 1305(6) of the Solid

Waste Act. (Compl. ,r,r 38-43; Pl. Mot. Summ. J. 2.) Count III of SPI's complaint seeks a

declaratory judgment that § 1310-U specifies the areas in which municipalities can impose

standards on solid waste facilities, that the Ordinance exceeds those areas, and that Ordinance is

therefore invalid (Count III). (Compl. ,r,r 53-64; PL Mot. Summ. J. 2.)

SPI's motion for summary judgment argued that that § 1310-U expressly or by clear

implication preempted the Town's municipal home rule authority to adopt ordinances regarding

3 solid waste management. (Pl. Mot. Summ. J. 15, 18.) SPI further argued that, although § 1310­

U preempted municipal authority, the statute permitted municipalities to adopt ordinances in the

limited areas identified therein. (Id. at 14.) SPI argued that the Town's Solid Waste Ordinance

exceeded the authority permitted to it under § 1310-U because (1) the Ordinance claims authority

"coterminous" with the State's authority, (2) the Ordinance subjects existing facilities to

permitting requirements by treating them like new facilities, and (3) § 8.2 and § 8.4 of the

Ordinance claim de facto authority for the Town to enforce State and Federal enforcement and

licensing decisions. (Id. at 19-21.) The court rejected these arguments for the reasons stated in

its March 28, 2017 order.

In its motion for reconsideration, SPI contends that, in addition to allegations regarding §

1310-U, Count I also included allegations that the Ordinance exceeds the limits on municipal

authority by§ 1305(6) of the Solid Waste Act. (Pl. Reply 6; Compl. ~ 40.) SPI argues it did not

raise § 1305(6) as part of its motion for summary judgment and that it is now precluded from

litigating any claims regarding§ 1305(6) under Count I. (Pl. Reply 7-8.) SPI also contends that

the court's order precludes it from arguing under Count I that the Town has exceeded its

authority to adopt standards under§ 1310-U in ways not addressed in the motion for summary

judgment. (Id. at 8-9.) Specifically, SPI asserts it should not be precluded from arguing that the

Town exceeded its authority under§ 1310-U by incorporating into its Ordinance DEP standards

that were adopted by DEP under authority other than Chapter 13 of Title 38 and Articles 5-A and

6 of Chapter 3 of Title 38. (Id.)

Regarding Count III, SPI asserts that its motion for summary judgment did not argue that

any particular standards in the Ordinance were "more strict than" those allowed under§ 13010-U

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