The opinion
STATE OF MAINE SUPERIOR COURT
WASHINGTON, ss. CIVIL ACTION .
DOCKET NO. AP-00-012 _
LARRY CASEY,
Petitioner
VS. DECISION AND ORDER
SCHOOL UNION #106 and
CALAIS SUPERINTENDENT
OF SCHOOLS,
Respondents
The respondents have filed a motion to dismiss and argue that the court has
no subject matter jurisdiction to review the action of a school superintendent in
deciding not to nominate a probationary teacher for a continuing contract and not to
proceed to arbitration. See M.R. Civ. P. 12(b)(1). A review of the Rule 80C Petition
reveals that the petitioner was a probationary teacher. See, e.g., Petition at 2, 3, 4, 6.
The petitioner has filed no request for joinder with independent claims. See M.R.
Civ. P. 80C(i).
The law in Maine “deliberately leaves the decision whether to review a
probationary teaching contract to the unfettered discretion of the school board.”
Marxsen v. Board of Directors, M.S.A.D. # 5, 591 A.2d 867, 869 n.4 (Me. 1991)
overruled in part by Underwood v. City of Presque Isle, 1998 ME 166, ¥ 22, 715 A.2d
148, 155; see also 20-A M.R.S.A. § 13201 (1993). This court has no authority to
> compel the defendants to take action they are not legally bound to take. See
Annable v. Board of Envtl. Protection, 507 A.2d 592, 594 (Me. 1986).
The entry is
The Respondents’ Motion to Dismiss is GRANTED.
The Respondents’ second Motion to Dismiss, the
Petitioner's Motion for Default Judgment, the
Respondents’ Motion to Amend Pleadings, and the
Respondents’ Motion to Strike are MOOT.
Dated: October 5, 2000 [yw IW
Naty Mills
Justice, Superior could,
WASH-AP-00-012
FILED AND ENTERED
amest get 11 2000
MARILYN E. BRALEY Clerk
Date Fileq?7/26/00 Washington Docket No, __ AP-00-012
County
Action 80C Appeal
eae
> BONALD L. GABBARCHT
LAYS eae
COT ie arog
Dr. May Bouchard and Calais School Board 10
Larry M. Casey VS.
Plaintiff’s Attorney Defendant’s Attorney
Pro Se David J. Fletcher, Esq. Bar #197
P.O. Box 1200 Fletcher and Mahar
Calais, Maine 04619 P.O. Box 402
Calais, Maine 04619
Date of
Entry