Wawenock, LLC v. Department of Transportation

The Business and Consumer Docket did not err by determining that the Sensible Transportation Policy Act (STPA), Me. Rev. Stat. 23, 73, afforded the plaintiffs, who sought declaratory and injunctive relief regarding the Department of Transportation’s plan to widen Main Street in Wiscasset, no private right of action.Plaintiffs, four entities that owned property in Wiscasset, claimed that the Department violated various constitutional, statutory, regulatory, and municipal provisions in planning and designing a downtown improvement project calling for the widening and alteration of Maine Street. The court entered a judgment on the pleadings in favor of the Department as to all counts. As to count one, the court concluded that the STPA affords no private right of action and that Plaintiffs were precluded from seeking relief on that basis. The Supreme Judicial Court affirmed, holding that the STPA provides for no implied private right of action to allow enforcement of its terms. View "Wawenock, LLC v. Department of Transportation" on Justia Law