# City of Caribou v. Ouellette

> Superior Court of Maine · June 14, 2000

URL: https://www.frixlaw.com/law-library/cases/10806847

## Case

- **Court:** Superior Court of Maine
- **Decided:** June 14, 2000
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** S. Kirk Studstrup
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10806847. Public record. Not legal advice.
