M.R. Civ. P. 80K

(a) Applicability. Except as otherwise provided in this rule, these rules

shall apply to proceedings in the District Court involving alleged violations of

land use laws and ordinances, whether administered and enforced primarily at

the state or the local level, including but not limited to, those statutes,

ordinances, codes, rules and regulations set forth in 4 M.R.S. § 152(6-A).

(b) Commencement of Proceedings; Service.

(1) In General. A proceeding under this rule shall be commenced

by one of the following methods:

(A) A Land Use Citation and Complaint may be filled out in the

manner prescribed in paragraph (1) of subdivision (c) of this rule and

served upon the alleged violator within the state by any certified

municipal official, any certified employee of the Department of

Environmental Protection, or any other official authorized to serve civil

process to enforce a statute, ordinance, code, rule or regulation to which

this rule applies, if such official has reasonable grounds to believe that a

violation of any provision of law as to which the official is authorized to

serve process and to which this rule applies has been or is being

committed. Service under this subparagraph shall be made upon an

individual by delivering a copy of the Land Use Citation and Complaint to

the individual personally and, if the alleged violator is an infant or

incompetent person, personally to the appropriate individual specified in

Rule 4(d)(2) or (3) of these rules. Service under this subparagraph shall

be made upon any other entity by delivering a copy of the citation

personally to one of the appropriate individuals specified in

Rule 4(d)(4)-(14) of these rules.

(B) A Land Use Citation and Complaint may be filled out in the

manner prescribed in paragraph (1) of subdivision (c) of this rule by any

public official who has reasonable grounds to believe that a violation of

any provision of law that the official is authorized to enforce and to which

this rule applies has been or is being committed. The complainant shall

transmit the Land Use Citation and Complaint to any officer or person

authorized to serve civil process under Rule 4(c) of these rules, who may

serve it, or cause it to be served, upon the alleged violator by any method

provided in Rule 4(d), (e), (f), (g), or (j) of these rules.

(C) In any proceeding under this rule in which a temporary

restraining order is sought, the original of a Land Use Citation and

Complaint, filled out as prescribed in paragraph (2) of subdivision (c) of

this rule may be filed with the court by any person authorized under

subdivision (h) of this rule to represent the plaintiff, or by the plaintiff’s

attorney, if such person has reasonable grounds to believe that a violation

of any provision of law as to which the person has such authority is being

committed and that immediate and irreparable injury, loss, or damage

will result from such violation before the alleged violator can be heard

personally or by counsel in opposition to the order. The person filing the

Land Use Citation and Complaint shall, at the earliest opportunity, serve,

or cause to be served, a copy of it on the alleged violator by any method

provided in subparagraph (A) or (B) of this paragraph, together with

notice of the hearing on the preliminary injunction.

(2) Additional Service on Property Owner. When the alleged violator

is not the owner of the property on which the violation is alleged to have

occurred or is occurring, the person making service on the alleged violator shall

serve, or cause to be served, a copy of the Land Use Citation and Complaint upon

the owner of the property by any appropriate method provided in Rule 4 of

these rules.

(3) Return of Service. As soon as practicable after service upon the

alleged land use violator, and the property owner if appropriate, the person

making service shall cause the original of the Land Use Citation and Complaint

to be filed with the court, together with the appropriate proof of service as

provided in Rule 4(h) or (j) of these rules.

(4) Proceedings in Name of Municipality or State. All proceedings

arising under the provisions of locally administered and enforced laws and

ordinances or regulations shall be brought in the name and to the use of the

municipality. All proceedings arising under laws administered or enforced by

the State shall be brought in the name of the State.

(c) Content of Land Use Citation and Complaint.

(1) A Land Use Citation and Complaint that is to be served as

provided in subparagraph (1)(A) or (B) of subdivision (b) of this rule shall

contain the name and address of the alleged violator; the name and address of

the property owner if different; the time and place of the alleged violation or, if

they are not known, the time and place at which it was first observed by the

complainant; a brief description of the alleged violation; a summary of the law

or ordinance provision which is alleged to have been violated, including the

penalties for violation; if a preliminary injunction is sought, a statement to that

effect; the time, date, and place the alleged violator is to appear in court; where

applicable, a statement that the alleged violator was advised of the violation;

the signature and title of the complainant; and the signature of the alleged

violator acknowledging receipt of the citation and complaint or a statement

that the alleged violator refused to sign, or was unable to sign. If the violation

alleged is of a state agency rule or a municipal ordinance or regulation, an

attested or certified copy of the section or sections alleged to have been

violated, together with a statement describing the place where the complete

text may be obtained, shall be attached to the original of the Land Use Citation

and Complaint. The Land Use Citation and Complaint shall notify the alleged

violator that in the event of failure to appear on the date specified, a judgment

by default may be entered.

(2) A Land Use Citation and Complaint that is to be filed with the

court as provided in subparagraph (1)(C) of subdivision (b) of this rule shall

contain the matters provided in paragraph (1) of this subdivision and a

statement that a temporary restraining order is sought. It shall be accompanied

by the affidavit and the certificate required by Rule 65(a) of these rules.

No other summons, complaint, or pleading shall be required of the

municipality or the State, but motions for appropriate amendment of the Land

Use Citation and Complaint shall be freely granted.

(d) Temporary Restraining Order and Preliminary Injunction: Security.

The applicant for a temporary restraining order or a preliminary injunction

under this rule shall not be required to give security as a condition upon the

issuance thereof.

(e) Pleadings of Defendant.

(1) Oral. The alleged violator shall appear at the time and place

specified, either personally or by counsel, and shall answer to the complaint

orally.

(2) No Joinder. Proceedings pursuant to this rule shall not be joined

with any action other than another proceeding pursuant to this rule, nor shall

an alleged violator file a counterclaim or cross-claim.

(f) Venue. A land use violation proceeding under this rule shall be

brought in the division in which the violation is alleged to have been committed.

(g) Discovery. Discovery shall be had only by agreement of the parties or

by order of the court on motion for good cause shown.

(h) Authority of Complainant. A person who is not an attorney may

represent a municipality under 30-A M.R.S. § 4221(2), 30-A M.R.S. § 4452(1),

or 38 M.R.S. § 441(2), or the State under 38 M.R.S. § 342(7), if the person files

with the court when first appearing a written authorization from the municipal

officers or the Commissioner of the Department of Environmental Protection,

as appropriate, and a current certificate of familiarity with court procedures

awarded under a program established by the Commissioner of Human Services

as provided in 30-A M.R.S. § 4221(2).

(i) Standard of Proof. Adjudication of an alleged land use violation shall

be by a preponderance of the evidence.

(j) Appeal. A party entitled to appeal may do so as in other civil actions.

(k) Alternative Dispute Resolution. Alternative Dispute Resolution, as

agreed to by the parties or as required by law, shall be conducted pursuant to

the processes specified in Rule 92(a)(3).