Opinion

City of Caribou v. Ouellette

Court
Superior Court of Maine
Filed
Jun 14, 2000
Status
Unpublished
On the bench
S. Kirk Studstrup
Cited by
0 cases

The opinion

STATE OF MAINE SUPERIOR COURT

KENNEBEC, SS. CIVIL ACTION

Docket No. AP-00-7

CITY OF CARIBOU, SkKS-KEN- &)/Y ji bees

Appellant

v DECISION ON MOTION

SUSAN OUELLETTE, .

and

MAINE LABOR RELATIONS BOARD,

Respondents

The petitioner City of Caribou has moved this court to allow the taking of

additional evidence pursuant to M.R. Civ. P. 80C(e) and 5 M.R.S.A. § 11006(1). The

proffered evidence would be a transcript of testimony by a Douglas Bell before the

Caribou City Council Personnel Committee subsequent to Mr. Bell’s testimony

before the Maine Labor Relations Board.

The court has reviewed excerpts of Mr. Bell’s testimony set forth in the

petitioner’s memo and the extensive decision and order of the Maine Labor

Relations Board. Although there is a doubt in the court’s mind as to the materiality

of this subsequent testimony, that is a question which can only be answered with

confidence by the Board itself. For this reason, the court will remand this matter to

the Maine Labor Relations Board for its review of the proffered testimony and for

its determination of the materiality of the proffered evidence. The Board may take

.

‘ee

any other action which may be necessary as a result of that review, including the

D taking of additional evidence and further consideration of its decision.

The entry will be:

Remanded to the Maine Labor Relations Board for

its further review and proceedings consistent with

this order.

DATED: June 14, 2000 |

S. Kirk Studstrup

Justice, Superior Court

Rate Filed ___2/3/00 Kennehec Docket No. APO0-07

County ,

Action Change of Venue

Rule 80C Appeal J. STUDSTRUP

City of Caribou VS. Susan Ouellette & State of Me. Labor

Plaintiff’s Attorney Defendant’s Attomey Relations Board

Clare Hudson Payne, Esq. A**Poyce A. Oreskovich, Esq (Labor Rel. Board)

PO Box 1210 90 State House Station

Bangor, Mainr 04402-1210 Augusta, Maine 04333-0090

x

**Charles W. March, Esq. (Susan Ouellette)

PO Box 7060 DTS

97 India Street

Portland, Maine 04112

Date of **Marc P Ayotte Esq (2/28/00)

Entry 90 State House Sta

ARN

Mt

A te Ww OHA,

AGEUSta Me GFF

2/3/00 Change of Venue from Caribou Superior Court with all papers, filed.

Case File Notice mailed to atty.

Record filed. s/Oreskovich, Esq.

Certification, filed. s/Marc P. Ayotte, Exec. Dir.

2/3/00 Notice of briefing schedule mailed to attys of record.

2/14/00 Copy of letter to Atty Oreskovich filed. s/Payne Esq

2/14/00 Petitioner City of Caribous motion for the taking of additonal evidence

filed. s/Payne Esq

Petitioner City of Caribous statement and memorandum in support of the

taking of additional evidence filed. s/Payne Esq

2/17/00 Copy of respondents exhibit R-15 missing from the record filed.

s/Oreskovich Esq

2/28/00 Letter entering appearance filed. s/Ayotte Esq

Maine Labor Relations Boards response to petitioners motion for the

taking of additional evidence filed. s/Ayotte Esq

3/6/00 Opposition of Susan Ouellette to Petitioner's Motion for the Taking of

Additional Evidence, filed. s/March, Esq.

em be

Notice of setting for Lp BL 1 22

sent te attorneys of record.

5/31/00 Hearing had on motion for additional evidence with Justice Studstrup

presiding, Attys Payne, Ayotte and March present.

Court to remand to Board of Maine Labor Relations

6/15/00 DECISION ON MOTION, Studstrup, J.

Remanded to the Maine Labor Relations Board for its further review and

proceedigns consistent with this order.

Copies mailed to attys of record.

Copies mailed to Deborah Firestone, Garbrecht Law Library and Donald Goss.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.