| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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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