Public Laws

124th Legislature

Second Regular Session


Parts: A B

Chapter 642

S.P. 582 - L.D. 1504

PART B

Sec. B-1. 12 MRSA §689,  as amended by PL 1979, c. 127, §70, is further amended to read:

§ 689.  Appeal

Persons aggrieved by final actions of the commission, including without limitation any final decision of the commission with respect to any application for approval or the adoption by the commission of any district boundary or amendment thereto, may appeal therefrom in accordance with Title 5, chapter 375, subchapter VII 7. Appeals of final actions of the commission regarding an application for an expedited wind energy development, as defined in Title 35A, section 3451, subsection 4, must be taken to the Supreme Judicial Court sitting as the Law Court in accordance with Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C. The Law Court has exclusive jurisdiction over requests for judicial review of final actions of the commission regarding expedited wind energy developments. This right of appeal, with respect to any commission action to which this right may apply, shall be in lieu of the rights provided under Title 5, section 8058, subsection 1.

Sec. B-2. 35-A MRSA §3458  is enacted to read:

§ 3458.   Judicial appeal; municipal permitting decision

Any judicial appeal of a municipal decision regarding permitting of an expedited wind energy development that is taken in the manner provided in the Maine Rules of Civil Procedure, Rule 80B must be heard and determined by the Superior Court as expeditiously as possible.

Sec. B-3. 38 MRSA §346, sub-§1,  as amended by PL 2007, c. 661, Pt. B, §7, is further amended to read:

1. Appeal to Superior Court.   Except as provided in subsection 4 and section 347A, subsection 3 or 4, any person aggrieved by any order or decision of the board or commissioner may appeal to the Superior Court. These appeals to the Superior Court must be taken in accordance with Title 5, chapter 375, subchapter 7.

Sec. B-4. 38 MRSA §346, sub-§4,  as enacted by PL 2007, c. 661, Pt. B, §8, is amended to read:

4. Appeal of decision regarding an expedited wind energy development.   A person aggrieved by an order or decision of judicial appeal of final action by the board or commissioner regarding an application for an expedited wind energy development, as defined in Title 35A, section 3451, subsection 4, may appeal must be taken to the Supreme Judicial Court sitting as the law court Law Court. The Law Court has exclusive jurisdiction over request for judicial review of final action by the commissioner or the board regarding expedited wind energy developments. These appeals to the law court Law Court must be taken in the manner provided in Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333