Smith v. Town of Pittston

[¶ 1] The Town of Pittston appeals from the summary judgment entered and the injunctive relief granted by the Superior Court, (Kennebec County, Marden, J.), declaring the Town’s ordinance, which prohibited the spreading of septage, illegal because it is preempted by state law. The Town asserts that its ordinance is not preempted by state statute but, rather, it is within the police powers granted to it by the state constitutional amendments and statutes extending “Home Rule” to the Towns. Jerald Smith cross-appeals, arguing that the Superior Court erred, first, when it concluded that Smith’s…