JAMES v. INHABITANTS OF TOWN OF WEST BATH


437 A.2d 863 (1981)

Gordon M. JAMES, et al. v. INHABITANTS OF the TOWN OF WEST BATH.

Supreme Judicial Court of Maine.

Decided December 8, 1981.


Attorney(s) appearing for the Case

Robert N. Moore, Pine Tree Legal Assistance (orally), Lewiston, James E. Tierney, Atty. Gen., Elizabeth R. Butler, Asst. Atty. Gen., Augusta, for plaintiffs.

Roger R. Therriault (orally), Bath, for defendant.

Before McKUSICK, C. J., and GODFREY, NICHOLS, CARTER, VIOLETTE and WATHEN, JJ.


WATHEN, Justice.

This appeal raises the question of the validity of a Worm Digging Ordinance enacted by the Town of West Bath in March 1980. The ordinance prohibited all persons from digging worms in the tidal flats in the Town without obtaining a $25.00 license. Under the ordinance the Selectmen of the Town could also regulate worm digging, closing digging areas if they found it necessary to protect the flats or marine wild life. Criminal sanctions were provided...

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