Opinion

Casey v. Sch. Union 106

Court
Superior Court of Maine
Filed
Oct 5, 2000
Status
Unpublished
On the bench
Nancy Mills
Cited by
0 cases
Authority
More cited than 34.1%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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