MDOT is a state agency. In my 20+ years of government experience, I know that while state agencies can and do work collaboratively with local governments, they depart from their measured routine only in response to direction from above. The governor has executive power over MDOT operations. The state legislature has power over the agency's budget (and nothing is more important to an agency than its funding).
So appeal to the governor and intervention by the local legislative delegation are the answers here. While threatening litigation might garner headlines, no court is going to tell MDOT how to prioritize its resources and perform its job.
The suit would be a class action against the DOT for damages done to the communities and businesses directly linked to their actions in this matter. It’s a separate issue.
Good luck! As far as I'm aware, MDOT would be immune from such a suit.
14 MRS §8103. Immunity from suit
1. Immunity. Except as otherwise expressly provided by statute, all governmental entities shall be immune from suit on any and all tort claims seeking recovery of damages. When immunity is removed by this chapter, any claim for damages shall be brought in accordance with the terms of this chapter.
14 §8104-B. Immunity notwithstanding waiver
Notwithstanding section 8104‑A, a governmental entity is not liable for any claim which results from:
* * *
3. Performing discretionary function. Performing or failing to perform a discretionary function or duty, whether or not the discretion is abused and whether or not any statute, charter, ordinance, order, resolution or policy under which the discretionary function or duty is performed is valid or invalid, . . . .
MDOT is a state agency. In my 20+ years of government experience, I know that while state agencies can and do work collaboratively with local governments, they depart from their measured routine only in response to direction from above. The governor has executive power over MDOT operations. The state legislature has power over the agency's budget (and nothing is more important to an agency than its funding).
So appeal to the governor and intervention by the local legislative delegation are the answers here. While threatening litigation might garner headlines, no court is going to tell MDOT how to prioritize its resources and perform its job.
The suit would be a class action against the DOT for damages done to the communities and businesses directly linked to their actions in this matter. It’s a separate issue.
Good luck! As far as I'm aware, MDOT would be immune from such a suit.
14 MRS §8103. Immunity from suit
1. Immunity. Except as otherwise expressly provided by statute, all governmental entities shall be immune from suit on any and all tort claims seeking recovery of damages. When immunity is removed by this chapter, any claim for damages shall be brought in accordance with the terms of this chapter.
14 §8104-B. Immunity notwithstanding waiver
Notwithstanding section 8104‑A, a governmental entity is not liable for any claim which results from:
* * *
3. Performing discretionary function. Performing or failing to perform a discretionary function or duty, whether or not the discretion is abused and whether or not any statute, charter, ordinance, order, resolution or policy under which the discretionary function or duty is performed is valid or invalid, . . . .