| | | Sec. 1. Authorization to sue State. Resolved: That, notwithstanding any | | statute or common law to the contrary, the Town of | | Dennysville, or the town's legal representative, who claims | | to have suffered damages as a result of the Atlantic Salmon | | Commission's failure to ensure that after placing the weir in | | the Dennysville River water would be able to be drawn from the | | dry hydrant, is authorized to bring a civil action against the | | State, but not against a past or present employee of the | | State. |
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| | | This action may be brought in the Washington 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. The 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. |
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| | | The Treasurer of State shall pay any judgment, including | | costs and interest, on final process issued by the Superior | | Court or, if applicable, the Supreme Judicial Court. Recovery | | may not exceed $2,000, including costs and interest. |
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| | | This resolve authorizes the Town of Dennysville to sue the | | State for damages resulting from the Atlantic Salmon | | Commission's failure to ensure that after placing the weir in | | the Dennysville River water would be able to be drawn from the | | dry hydrant. |
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