§ 38 §444-A — Civil suit

Maine § 38 §444-A

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 3: PROTECTION AND IMPROVEMENT OF WATERS

Text

1.
Suit authorized.
Any water utility, as defined in Title 35‑A, section 102, may commence a civil action for injunctive relief against an owner of property in the shoreland zone when the following conditions are met.
2.
Suit prohibited.
An action may not be brought under this section if the Federal Government, State Government or a municipality of the State has commenced and is pursuing an administrative, civil or criminal action to remedy the alleged violation.
3.
Notice.
An action may not be commenced under this section unless the plaintiff has given at least 60 days' notice to the alleged violator, the department, the Attorney General, and the municipality or municipalities in which the violation is alleged to have occurred. If the violation occurs within the jurisdiction of the Maine Land Use Planning Commission, the commission must be given notice in place of the department and the municipality.
4.
Jurisdiction.
An action may be commenced in the District Court or Superior Court in the county in which the violation is alleged to have occurred.
5.
Intervention.
The Attorney General may intervene in any case brought under this section.

Legislative History

PL 1989, c. 733, §2 (NEW). PL 2011, c. 682, §38 (REV).