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DEPT. OF HEALTH AND HUMAN SERVICES v. MAYBEE

Docket: Ken-08-32.

965 A.2d 55 (2009)

2009 ME 15

DEPARTMENT OF HEALTH AND HUMAN SERVICES v. Scott B. MAYBEE.

Supreme Judicial Court of Maine.

Decided: February 10, 2009.

Attorney(s) appearing for the Case

David J. McNamara, Esq., Phillips Lytle L.L.P.; Margaret A. Murphy, Esq. (orally), Buffalo, NY; Michael A. Nelson, Esq., Jensen Baird Gardner & Henry, Portland, ME, for Scott B. Maybee.

G. Steven Rowe, Attorney General, Jennifer A. Willis, Asst. Atty. Gen. (orally), Peter B. Lafond, Asst. Atty. Gen., Office of the Attorney General, Augusta, ME, for the Maine Department of Health and Human Services.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.

SILVER, J.

[¶ 1] Scott B. Maybee appeals from an order entered in the Superior Court (Kennebec County, Marden, J.) denying his motion for summary judgment and granting a summary judgment in favor of the Department of Health and Human Services. The Department brought a civil enforcement action pursuant to 22 M.R.S. 1555-C(8) (2008) because Maybee failed to obtain a retail tobacco vendor license in violation of 22 M.R.S. 1555-C(1) (2008). Maybee contends...

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