Department of Environmental Protection v. Emerson

WATHEN, Chief Justice.

Defendant John Emerson, the owner of land in Durham containing a landfill, demolition debris and scrap tires, appeals from a judgment by the Superior Court (Androscoggin County, Alexander, J.) granting an injunction and assessing monetary penalties for violations of state environmental laws. On appeal defendant argues that he was entitled to a jury trial because the action is in essence a criminal prosecution. He argues in the alternative that he was entitled to a jury trial even if the action is civil because the penalties imposed are in the nature of damages. He also…