LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
184
MAY 1, 2024 RESOLVES
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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S.P. 939 - L.D. 2202
Resolve, to Allow Ireland Farms, Inc. to Sue the State
Sec. 1. Authorization to sue State. Resolved: That, notwithstanding any
provision of law to the contrary, Ireland Farms, Inc., in Presque Isle, Maine, which claims
to have suffered damages in connection with actions taken by the Department of
Agriculture, Conservation and Forestry, is authorized to bring a civil action against the
Department of Agriculture, Conservation and Forestry. This resolve is a waiver of the
State's defense of immunity under the Maine Revised Statutes, Title 14, chapter 741.
Notwithstanding the application of any statute of limitations barring this action, this
action may be brought in the Superior Court within one year from the effective date of this
resolve. 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. To the
extent possible, the Attorney General shall conduct negotiations in good faith to resolve
this action by settlement.
The Treasurer of State shall pay any settlement determined by agreement of the parties
or any judgment, including costs and interest, upon final process issued by the Superior
Court or, if applicable, the Supreme Judicial Court.
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