DEPT. OF ENV. PROTECTION v. EMERSON


616 A.2d 1268 (1992)

DEPARTMENT OF ENVIRONMENTAL PROTECTION v. John EMERSON.

Supreme Judicial Court of Maine.

Decided November 17, 1992.


Attorney(s) appearing for the Case

Michael E. Carpenter, Atty. Gen., Phyllis Gardiner (orally), Asst. Atty. Gen., Augusta, for plaintiff.

Daniel J. Perry (orally), Jack H. Simmons, Berman & Simmons, Lewiston, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.


WATHEN, Chief Justice.

Defendant John Emerson, the owner of land in Durham containing a landfill, demolition debris and scrap tires, appeals from a judgment by the Superior Court (Androscoggin County, Alexander, J.) granting an injunction and assessing monetary penalties for violations of state environmental laws. On appeal defendant argues that he was entitled to a jury trial because the action is in essence a criminal prosecution. He argues in the alternative...

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