LD 1257
pg. 1
LD 1257 Title Page Resolve, Authorizing Dominic LaJoie To Sue the Department of Agriculture, Food ... LD 1257 Title Page
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LR 785
Item 1

 
Sec. 1. Authorization to sue State. Resolved: That, notwithstanding any
statute or common law to the contrary, Dominic LaJoie, who claims
to have suffered damages in connection with actions taken by the
Department of Agriculture, Food and Rural Resources, is
authorized to bring a civil action against the Department of
Agriculture, Food and Rural Resources. This resolve is a waiver
of the State's defense of immunity under the Maine Revised
Statutes, Title 14, chapter 741.

 
Notwithstanding the application of any statute of limitations
barring this action, this action must be brought in the Kennebec
County Superior Court within one year from the date this resolve
is approved. Liability and damages, including punitive damages,
must be determined according to state law as in litigation
between individuals. This action may be heard by a Justice of
the Superior Court or by a jury. The Maine Rules of Civil
Procedure govern the conduct of the action. The Attorney General
shall appear, answer and defend the action. To the extent
possible, the Attorney General shall conduct negotiations in good
faith to resolve this action by settlement.

 
The Treasurer of State shall pay any settlement determined by
agreement of the parties or any judgment, including costs and
interest, on final process issued by the Superior Court or, if
applicable, the Supreme Judicial Court.

 
SUMMARY

 
This resolve authorizes Dominic LaJoie to bring a civil action
against the Department of Agriculture, Food and Rural Resources
for damages in connection with actions taken by the Department of
Agriculture, Food and Rural Resources. The resolve directs the
Attorney General and the Department of Agriculture, Food and
Rural Resources to conduct settlement negotiations to resolve the
dispute to the extent possible.


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