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| 10.__Attorney General.__Whenever it appears to the Attorney | | General that any corporation formed under this Title is engaged or | | about to engage in any acts or practices that constitute or will | | constitute damage to the public interest as defined by subsection | | 1, the Attorney General may bring an action to enjoin those acts or | | practices, and upon proper showing a permanent or temporary | | injunction or restraining order may be granted without bond.__The | | Attorney General may bring an action in court and the court has | | jurisdiction to impose, upon a proper showing, a civil penalty on | | the person who committed the damage to the public interest. The | | penalty is payable to the State. |
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| | | 11.__Injunctions.__Persons or entities who allege that they | | will be adversely affected by any acts or practices that cause or | | will cause damage to the public interest as defined by subsection | | 1 may bring an action to enjoin those acts or practices, and upon | | proper showing a permanent or temporary injunction or restraining | | order may be granted by a court without bond. |
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| | | 12.__Attorney's fees.__Upon motion, a court may award | | attorney's fees to a successful party against one or more | | defendants in any action brought pursuant to subsection 1 against | | a corporation, a director or both if the court determines that: |
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| | | A.__A significant benefit, whether pecuniary or | | nonpecuniary, has been conferred on the general public or a | | large class of persons; |
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| | | B.__The necessity and financial burden of private | | enforcement are such as to make the award appropriate; and |
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| | | C.__Such fees should not, in the interest of justice, be | | paid out of recovery, if any. |
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| | | Sec. 3. 13-C MRSA §831, sub-§1, ¶B, as enacted by PL 2001, c. 640, Pt. | | A, §2 and affected by Pt. B, §7, is amended to read: |
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| | | B. In a manner that the director reasonably believes to be | | in the best interests of the corporation, but not at the | | expense of the environment, human rights, public health or | | safety, the welfare of the communities in which the | | corporation operates or the dignity of its employees. |
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| | | Sec. 4. 13-C MRSA §843, sub-§1, ¶C, as enacted by PL 2001, c. 640, Pt. | | A, §2 and affected by Pt. B, §7, is amended to read: |
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| | | C. In a manner the officer reasonably believes to be in the best | | interests of the corporation, but not at the expense of the | | environment, human rights, public health or safety, the |
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