DOWNEY v. WELLS SANITARY DIST.


561 A.2d 174 (1989)

George DOWNEY, et al. v. WELLS SANITARY DISTRICT.

Supreme Judicial Court of Maine.

Decided July 18, 1989.


Attorney(s) appearing for the Case

Ronald R. Coles, Robert E. Mongue, (orally) Coles & Mongue, Kennebunk, for plaintiffs.

Paul L. Beach (orally), Daughan & Kimmel, Wells, for defendant.

Joseph Donahue, Joanne B. Steneck, Public Utilities Com'n, Augusta, for amici curiae P.U.C.

Carl E. Kandutsch, Verrill & Dana, for amicus curiae Kennebunk, Kennebunkport and Wells Water Dist. and Maine Water Utilities Assoc.

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


ROBERTS, Justice.

The Wells Sanitary District appeals from a judgment of the Superior Court, (York County, Brennan, J.) determining that the District's method of requiring certain users to bear the impact of sewer expansion was within its statutory authority but that the method violated equal protection standards. Because we conclude that the method of fixing the charges is rationally related to the objectives of the District in expanding the sewer system,...

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