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GREAT NORTHERN PAPER v. PENOBSCOT NATION

770 A.2d 574 (2001)

2001 ME 68

GREAT NORTHERN PAPER, INC., et al. v. PENOBSCOT NATION et al.

Supreme Judicial Court of Maine.

Decided: May 1, 2001.

Attorney(s) appearing for the Case

Catherine R. Connors, Esq. (orally), Matthew D. Manahan Esq., Brian M. Rayback Esq., Pierce Atwood, Portland, for plaintiffs.

Kaighn Smith Jr., Esq. (orally), Gregory W. Sample, Esq., Drummond Woodsum & MacMahon, Portland, Mark A. Chavaree, Esq., Indian Island, Old Town, for defendants.

G. Steven Rowe, Attorney General, William R. Stokes, Asst. Attorney General (orally), Augusta, for intervenor State of Maine.

Dean A. Beaupain, Esq., Millinocket, Loretta M. Smith, Esq., New England Legal Foundation, Boston, MA, for amici curiae Towns of Bucksport, Houlton, Lincoln, Millinocket, Orono, and Patten; Houlton Water Company, Lincoln Sanitary District, Milo Water District, Winterport Sewer District; Maine Chapters of the Pulp & Paperworkers Resource Council, Casco Bay Energy Co., LLC, and Penobscot Frozen Foods, Inc.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, and ALEXANDER, JJ.

SAUFLEY, J.

[¶ 1] This case requires us to decide whether the Maine Freedom of Access Act, 1 M.R.S.A. §§ 401-410 (1989 & Supp. 2000), which is ordinarily applicable to municipalities and other components of state government, is applicable to the Penobscot Nation and the Passamaquoddy Tribe. We conclude that the Act does not apply to the Tribes when they act in their municipal capacities with respect to internal tribal matters. We further conclude...

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