Town of Eddington v. University of Maine Foundation

Summary

The Maine Supreme Judicial Court considered whether the Town of Eddington’s enforcement action against the University of Maine Foundation for violating subdivision approval conditions was barred by Maine’s six-year general statute of limitations. The court held that the twenty-year limitations provision in the subdivision statute, 30-A M.R.S. § 4402(5), governed the action, vacated the dismissal, and remanded for further proceedings.

Holdings

1. The twenty-year limitations provision in 30-A M.R.S. § 4402(5) governs the Town's action to enforce alleged violations of the state subdivision law, subdivision approval conditions, and municipal subdivision ordinances; the general six-year limitations period in 14 M.R.S. § 752 does not limit the action.
2. The Superior Court erred in dismissing the Town's complaint on the ground that the action was barred by the six-year statute of limitations.

Questions Presented

1. Whether 14 M.R.S. § 752, the general six-year statute of limitations for civil actions, barred the Town's enforcement action against an allegedly noncompliant subdivision.
2. Whether 30-A M.R.S. § 4402(5), as part of the integrated state subdivision law, established a twenty-year limitations period applicable to enforcement actions involving violations of subdivision approvals and municipal subdivision ordinances.

Disposition

vacated