Cayer v. Town of Madawaska

Summary

The Maine Supreme Judicial Court affirmed the denial of Richard Cayer's motion for contempt against the Town of Madawaska. The court held that, under the unique circumstances, the Town's detailed written response and the extensive record obviated the need for a contempt subpoena, and that the trial court properly determined the Town had undertaken appropriate enforcement proceedings concerning the neighboring property's illegal structure.

Holdings

1. Although M.R. Civ. P. 66(d)(2) ordinarily requires service of a contempt subpoena on the alleged contemnor, the Superior Court did not err in failing to issue one because the Town's detailed written answer to the motion obviated the need for a subpoena in the unique circumstances presented.
2. The Superior Court properly conducted a non-testimonial hearing and considered affidavits, exhibits, and written argument because Rule 66(d)(2)(B) permits evidence by oral testimony, depositions, or affidavits.
3. The Town was not in contempt because it undertook appropriate enforcement action against the Collinses in compliance with the Superior Court's order and the applicable ordinance.

Questions Presented

1. Whether the Superior Court violated M.R. Civ. P. 66(d) by denying Cayer's contempt motion without issuing a contempt subpoena and conducting a full evidentiary hearing.
2. Whether the Town's enforcement proceedings against the Collinses complied with the Superior Court's May 9, 2007 order so that the Town was not in contempt.

Disposition

affirmed