Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 5963 (2026)

Parties

✓ current as of May 2026

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When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General shall be served with a copy of the proceeding and be entitled to be heard.

Notes of Decisions

Cited in 30 cases (2 in the last 5 years), 1974–2023 · leading case: Berry v. Daigle, 322 A.2d 320 (Me. 1974).

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Berry v. Daigle, 322 A.2d 320 (Me. 1974). · cites it 2× “The State of Maine was permitted to intervene as a party-defendant by the authority contained in 14 M.R.S.A. § 5963 *324 entitling the Attorney General to be heard if declaratory relief is sought and a statute is alleged to be unconstitutional.”

Renee Legrand v. York Cnty. Judge of Prob., 2017 ME 167 (Me. 2017). “” 14 M.R.S. § 5963 (2016). 9 [¶ 27] As the trial court found, Judge Nadeau’s changes to the Probate Court schedule resulted in additional three-month delays affecting most “routine” matters such as uncontested guardianships of minors or adults, conservatorships, decedents’…”

Wilhelmine' Dennis Oakes v. Town of Richmond, 2023 ME 65 (Me. 2023). “Town 11Language in the complaint suggests that Oakes is pursuing an action to quiet title.”

Ferraiolo Constr. Co. v. Town of Woolwich, 1998 ME 179 (Me. 1998). · cites it 3× “The court recognized that Ferraiolo failed to notify the Attorney General as required by 14 M.R.S.A. § 5963 (1980), 2 but held that such failure was moot in view of its conclusion that the ordinance was constitutional.”

McNicholas v. York Beach Vill. Corp., 394 A.2d 264 (Me. 1978). “One provision of the Act, 14 M.R.S.A. § 5963, provides, in part, as follows: In any proceeding which involves the validity of a municipal ordinance, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged…”

Guardianship of K-M, 866 A.2d 106 (Me. 2005). “See also 14 M.R.S.A. § 5963 (2003). Because the parties failed to notify the Attorney General about the constitutional challenge, we invited the participation of the Attorney General on appeal.”

Boothbay Harbor Condos., Inc. v. Dep't of Transp., 382 A.2d 848 (Me. 1978). “10 Second, plaintiffs fishing and flowage rights may not properly be adjudicated in the absence of those persons, not here made parties to the action, required to be parties under 14 M.R.S.A. § 5963, i. e., those “ . . . who have or claim any interest which would be affected by…”

Caron v. City of Auburn, 567 A.2d 66 (Me. 1989). “14 M.R.S.A. § 5963 (1980). In addition, Rule 19(a), made applicable to actions for declaratory relief, M.”

Parent v. E. Maine Med. Ctr., 884 A.2d 93 (Me. 2005). “, 14 M.R.S.A. § 5963 (2003) (‘When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration .”

Avaunt v. Town of Gray, 634 A.2d 1258 (Me. 1993). “1983); see also 14 M.R.S.A. § 5963 (1980) (in a declaratory judgment action, no declaration shall prejudice the rights of persons not parties to the proceedings).”

Town of Acton v. McGary, 356 A.2d 700 (Me. 1976). “In this context 14 M.R.S.A. § 5963 and Rule 24(d) M.R.C.P.”

Constr. Servs. Workers' Comp. Grp. Self Ins. Trust v. Stevens, 2010 ME 108 (Me. 2010). · cites it 2× “[¶ 21] Title 14 M.R.S. § 5963 (2009) states that when a declaratory judgment action is brought, "all persons shall be made parties who have or claim any interest which would be affected by the declaration and no declaration shall prejudice the rights of persons not parties to…”

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