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SMITH v. TOWN OF PITTSTON

820 A.2d 1200 (2003)

2003 ME 46

Jerald SMITH v. TOWN OF PITTSTON

Supreme Judicial Court of Maine.

Decided: April 7, 2003.

Attorney(s) appearing for the Case

James E. Mitchell, (orally), Jim Mitchell and Jed Davis, P.A., Augusta, for plaintiff.

Gregory M. Cunningham, (orally), Bernstein, Shur, Sawyer & Nelson, P.A., Portland, (for Town of Pittston), Thomas B. Federle, Esq., Dyer Goodall & Federle, LLC, Augusta, (for intervenors), for defendants.

Dissenting: SAUFLEY, C.J., and DANA, and LEVY, JJ.

RUDMAN, J.

[¶ 1] The Town of Pittston appeals from the summary judgment entered and the injunctive relief granted by the Superior Court, (Kennebec County, Marden, J.), declaring the Town's ordinance, which prohibited the spreading of septage, illegal because it is preempted by state law. The Town asserts that its ordinance is not preempted by state statute but, rather, it is within the police powers granted to it by the state constitutional amendments...

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