BATES v. DEPT. OF BEHAVIORAL AND DEV.


863 A.2d 890 (2004)

2004 ME 154

Paul BATES et al. v. DEPARTMENT OF BEHAVIORAL AND DEVELOPMENTAL SERVICES et al.

Supreme Judicial Court of Maine.

Decided: December 17, 2004.


Attorney(s) appearing for the Case

Peter Darvin, Esq. (orally), Portland, Helen M. Bailey, Esq., Augusta, for plaintiffs.

G. Steven Rowe, Attorney General, Phyllis Gardiner, Asst. Atty. Gen. (orally), Katherine Greason, Asst. Atty. Gen., Augusta, for defendants.

Panel: CLIFFORD, RUDMAN, DANA, ALEXANDER, and LEVY, JJ.


ALEXANDER, J.

[¶ 1] This matter is before the Court on the State's appeal of a judgment entered in the Superior Court (Kennebec County, Mills, C.J.) that (1) determined that the State was not in substantial compliance with a 1990 consent decree and incorporated settlement agreement; (2) found that the State had acted in bad faith in filing its notice of substantial compliance and in pursuing its efforts to achieve substantial compliance with the provisions...

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