GUAY et al v. TOWN OF BERWICK

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DARREN GUAY, et al., 	)
)
Plaintiffs 	)
)
v. 	) 	No. 2:26-cv-00179-LEW
)
TOWN OF BERWICK, et al., 	)
)
Defendants 	)
ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER AND
PROCEDURAL ORDER
The matter returns on Plaintiffs’ third request for a temporary restraining order
(“TRO”) or preliminary injunction (ECF No. 15). 	Service on the Town of Berwick was
authorized on April 16, 2026, and the matter is awaiting the Town’s waiver of service or,
if need be, personal service on the Town. 	See Order for Service (ECF No. 13); Fed. R.
Civ. P. 4(j)(2); Me. R. Civ. P. 4. This order resolves the TRO request in the most recent
motion, but not the request for preliminary injunction, and sets a deadline for the Town’s
response to the latter request.
Third Motion for TRO
The Court has reviewed the most recent filings and continues to conclude that this
is not a proper case for ex parte relief. Among other things, the information related in the
unofficial transcript of the April 21, 2026, public hearing suggests that any anticipated
demolition would be preceded by a further opportunity to remove personal property from
the premises. Furthermore, the timetable indicated in that same transcript leaves time for
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service of process to be effectuated. 	Finally, in regard to Plaintiffs’ insistence that the
Court order the Town to permit use of the land for camp-style living, without utilities, such
concerns are evidently governed by a municipal permitting process that Plaintiffs have not
attempted to employ. This Court is not in a position to override that process or otherwise
direct, in advance, its outcome, even assuming the process was properly instituted by
application. 	In any event, assuming that the cordoning off of the entire property is
actionable under the circumstances, the associated harms do not appear to be irreparable
when measured by the time needed for the Town to respond. 	The request for a TRO is
denied.
Motion for Preliminary Injunction Procedural Order
The request for preliminary injunction is reserved. 	Defendant Town of Berwick
will respond to the preliminary injunction request in tandem with its answer to the
complaint.
SO ORDERED .
Dated this 7th day of May, 2026.
/S / Lance E. Walker
CHIEF U.S. D ISTRICT JUDGE
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