TOWN OF OGUNQUIT v. McGARVA


570 A.2d 320 (1990)

TOWN OF OGUNQUIT v. Donald McGARVA.

Supreme Judicial Court of Maine.

Decided February 22, 1990.


Attorney(s) appearing for the Case

E. Stephen Murray (orally), Jane B. Hartwell, Murray, Plumb & Murray, Portland, for plaintiff.

John R. Kugler (orally), Wells, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, HORNBY and COLLINS, JJ.


HORNBY, Justice.

This appeal concerns the appropriate penalties and attorney fee awards for land use violations that began in 1981. We conclude that penalties created by a state statute in 1984 do not displace local ordinance penalties for violations that had previously occurred, but that the state statute's provision of attorney fees to the prevailing party does apply. We therefore affirm the judgment of the Superior Court (York County, Brennan, J.).

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