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JOHNSON v. CITY OF AUGUSTA

902 A.2d 855 (2006)

2006 ME 92

William P. JOHNSON v. CITY OF AUGUSTA.

Supreme Judicial Court of Maine.

Decided: July 28, 2006.

Attorney(s) appearing for the Case

Eric M. Mehnert, Esq. (orally), Hawkes & Mehnert, Bangor, for the plaintiff.

Stephen E.F. Langsdorf, Esq. (orally), Jonathan G. Mermin, Esq., Preti, Flaherty, Beliveau, Pachios & Haley, Portland, for the defendant.

Kristin M. Collins, Esq., Maine Municipal Association, Augusta, for Amicus Curiae.

Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, LEVY, and SILVER, JJ.

CALKINS, J.

[¶ 1] The City of Augusta appeals from a preliminary injunction issued by the Superior Court (Kennebec County, Marden, J.), ordering the Augusta City Clerk to print and deliver for circulation initiative petitions for three proposed ballot questions, applications for which had been signed by William P. Johnson and others. The court held that the Augusta City Charter is unconstitutional insofar as it allows the city council to exercise discretion...

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