Town of Kennebunkport v. McCarthy

Opinion

STATE OF MAINE BIDDEFORD DISTRICT COURT CIVIL ACTION YORK, ss. DOCKET NO. BID-CV-04-057 , . . -3y ,I - ' ,

TOWN OF KENNEBUNKPORT and DONALD L. GARBRECHT BRIAN SHAW, as Code Enforcement LAW f.IBRARY Officer of the Town of Kennebunkport, 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 . Arthur Brennan ROBERT NADEAU, ESQ. - DEFENDANT ustice, Superior Court SEAN T . MCCARTHY, ESQ. PRO HAC VICE - DEFEND JEAN BOUCHER - DEFENDANT - p r o s e