# McIntyre v. Kennebec County Comm'rs > Superior Court of Maine · September 27, 2001 URL: https://www.frixlaw.com/law-library/cases/10807036 ## Case - **Court:** Superior Court of Maine - **Decided:** September 27, 2001 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** John R. Atwood - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10807036 ## Opinion text STATE OF MAINE SUPERIOR COURT CIVIL ACTION KENNEBEC, ss. DOCKET NO. AP-98-89, ) Ka - KEN- A ead foes CHARLES 8. McINTYRE, SR., Appellant v. DECISION AND ORDER KENNEBEC COUNTY COMMISSIONERS, Appellees In this matter, the appellant, Charles S. McIntyre, Sr., seeks to appeal the decision of the Kennebec County Commissioners who, apparently, refused to abate the appellant's real property taxes on the basis of his impoverishment. As best as may be determined from the documents filed in this case, the appellant's grievance is with the Town of Clinton which, he says, denied his abatement without explanation and, further, that the town improperly purports to operate with a governing body of selectmen when in fact it has a town manager form of government. While it is unclear how the appellant's grievance with Clinton's form of self- governance affects the merits of his claim that he was improperly denied an abatement, the court can act favorably on neither complaint. This is because the court has been provided no record from the town or the appellee on the appellant's abatement requests. This is the appellant's responsibility, M.R. Civ. P. 80B(e), and his failure to provide a record invites dismissal of the appeal. This is the appropriate sanction in this case as the court has no factual or procedural history on which to rely m consideration of the appellant's complaints. Next, the proper party in an action seeking review of a local property tax abatement decision is the town itself, not the intermediary tribunal of the board of county commissioners. Town of Vienna v. Kokernak, 612 A.2d 870, 873 (Me. 1992). Thus, the proper means to have challenged Clinton's decision, if indeed there were one, would have been to serve it with a summons and complaint. M.R. Civ. P. 80B(a), 4(d)(5). This was not done here. Instead, the appellant served a notice of appeal on Kennebee County, but never did so as to the town of Clinton. That he talked with attorney Jeffrey Towne, who has done legal work for the town, about this appeal does not satisfy the demands of the cited rules. The town of Clinton as the proper party to this action was entitled by these rules to receive service of a summons and complaint; that it was not so served renders this appeal vulnerable to dismissal. Accordingly, for the reasons cited herein, this appeal is DISMISSED. (Liane John R. Atwood Justice, Superior Court So ordered. Dated: September 27,2001 Date Filed 11/3/98 Kennebec Docket No. ___ AP98-89 County Action BOB appeal 3. MARDEN Charles McIntyre ys, Kenn County Commissioners Plaintiff's Attomey Defendant's Attorney Charles McIntyre,Pro Se Charles Moreshead, Esq. PO BOK 273 FO Box 2305 Clinton Me 04927 Augusta Maine 04338 Date of Entry 11/3/98 Notice of appeal filed. s/McIntyre,Pro Se Return of service on Kennebec County on 11/3/98 filed. 12/6/00 Motion to Recuse Judg Studstrup and Grievance and to Supplement Original Motion, filed. s/Charles McIntyre, Pro Se 12/22/00 Statement of Charles McIntyre, filed. ~------ Hearing had on request to retain on docket, Mills, J. Charles McIntyre present. Court orders briefing schedule to issue. Notice of briefing schedule mailed to Pltf. and County Commissioners. 1/24/01 Enlargement of Time , filed. s/Charles McIntyre, ProSe 2/1/01 Letter from attorney Moreshead entering appearance for Kennebec County . Commissioners, filed. 2/14/01 Certificate of Service, filed. s/McIntyre. 2/14/01 MOTION FOR ENLARGMENT, Marden, J. GRANTED: brief due March 12, 2001. Copies mailed to atty and Pltf. 3/14/01 Brief of Appellant, filed. s/Charles McIntyre, Pro Se 4/5/01 Defendant s Brief filed. s/Moreshead. Esq. 4/9/01 Reply Brief, filed. s/McIntyre. 4/18/01 Motion to Subpoena a Witness, filed. s/McIntyre, Pro Se 4/24/01 MOTION TO SUBPOENA A WITNESS, Marden, J. (dated 4/20/01) DENIED; not a testimonial hearing to be scheduled. Copies mailed to Pltfi. and atty. Date of Entry Docket No. : * 5/17/01 Motion for Continuance, filed. s/Moreshead, Esq. 5/23/01 Letter from Pro::Se: McIntyre indicating no objection to the motion for continuance. 5/25/01 MOTION TO CONTINUE, Marden, J, (signed 5/24/01) Without objection, motion GRANTED: Clérk to reschedule, Copies mailed to attyz.and Pro Se Plaintiff. 5/29/01 Notice of setting of hearing on oral arguments on 6/27/01 at 8:30 a.m. sent to atty-and Pro Se Pltf. 6/18/01 Motion to‘Recuse, filed. s/McIntyre. 6/27/91 Hearing had on oral arguments with Hon. Justice John Atwood, presiding. Tape #567 Index 2372-3133 Charles McIntyre, Pro Se Plt. Charles Moreshead, Esq. for Kennebec County Gomm. Oral arguments made to the court. Court to take matter under advisement. 9/27/01 DECISION AND ORDER, Atwood’ .J/ Accordingly, for the reasons cited herein, this appeal is DISMISSED, So order. Copies mailed to attys. of record, Copies mailed to Donald Goss, Garbrecht Law Library,.and Deborah Fire- stone. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10807036. Public record. Not legal advice.