Maine Supreme Judicial Court

Law Court upholds earlier ruling in Wawenock Block LLC case

Affirms plaintiff has no private right of action under STPA
Thu, 06/28/2018 - 2:45pm

The Maine Supreme Judicial Court has upheld an earlier ruling that Wawenock Block LLC and three other residential and commercial property companies the Ralph Doering family owns in downtown Wiscasset have no private right of action under the Sensible Transportation Policy Act.

The plaintiffs had filed suit against Maine Department of Transportation to halt the downtown project on Route 1, on the grounds the four LLCs had not been provided with with individual “public participation,” as they argued STPA required. MDOT had countered the town alone could have requested public participation, but that the private businesses or individuals had no such right, and were not entitled to relief under the Act. MDOT had already worked with members of the community and the town to develop the project. The Public Advisory Downtown Committee is finishing up its mandate with a final report in early Julytt .

On May 18, the plaintiffs appeared before the Law Court seeking a temporary injunction, which would have prevented MDOT from beginning work until the appeal process was complete. That decision was rendered two days later in favor of MDOT.

In affirming the Superior Court's judgment, the law court's opinion states in part: "We conclude that the STPA provides for no implied private right of action to allow enforcement of its terms ..."