# Davis v. Morse

> Superior Court of Maine · August 29, 2008

URL: https://www.frixlaw.com/law-library/cases/10809077

## Case

- **Court:** Superior Court of Maine
- **Decided:** August 29, 2008
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Robert E. Crowley
- **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/10809077

## Opinion text

STATE OF MAINE SUPERIOR COURT
CUMBERLAND, ss CIVIL ACTION
DOCKET NO. RE-OR-094'
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ZACHARY DAVIS, 2: JS
Plaintiff
ORDER ON
DEFENDANT TOWN OF
CASCO'S MOTION TO
v. DISMISS

TIMOTHY A. MORSE, and
THE TIMOTHY A. MORSE FAMILY LIMITED
PARTNERSHIP, and
TOWN OF CASCO, and
KENNETHF. FARRAR,
Defendants

Before the Court is Defendant Town of Casco's 12(b)(6) Motion to Dismiss Count

VIII and Count IX insofar as it seeks declaratory relief against the Town of Casco.

PROCEDURAL HISTORY

On April 15, 2008, Plaintiff Zachary Davis ("Davis") filed an eleven-count

Complaint asserting claims against Timothy Morse ("Morse"), Timothy A. Morse

Family Limited Partnership ("Morse Partnership"), the Town of Casco (Town), and

Kenneth F. Farrar ("Farrar").

Defendants Morse and the Morse Partnership are the sellers of the property that

is the subject of this lawsuit. Neither Morse individually nor the Morse Partnership

filed an answer to the Complaint. Accordingly, the clerk entered a default against both

parties on June 20,2008. On July 9, 2008, Davis filed an unopposed Motion for

Attachment and Trustee Process against Morse and the Morse Partnership. The Court

granted this motion on August 18,2008.

The claims against Defendant Farrar are based on his work as a Maine licensed

surveyor and his involvement in the preparation of the disputed subdivision plans.
Farrar is not involved in the motion currently before the Court.

Counts VIII and IX of the Plaintiff's Complaint implicate the Town. Count VIII is

brought against the Town only and seeks a declaratory judgment establishing the

invalidity of a subdivision approved by the Town. Specifically, Davis urges the Court

to hold that the Town "should be required to declare that its previous approval was

obtained through misrepresentations and/ or error and that the conditions have not

been satisfied." Complaint .0. BOX 287
!OJ MAINE 04112-0287

JOHN CAMPBELL ESQ -- V
PO BOX 369
PORTLAND ME 04112-0369

NATALIE BURNS ESQ - (.j:1 ~&vJ­
JENSEN BAIRD GARDNER & H~RY
PO BOX 4510
PORTLAND ME 04112

ND, MA\NE 04"~-U~tH

REBECCA FARNUM ESQ - ~..../ .c-;;
JASON PAUL DONOVAN ESQ 0' ~ ,..-""'",­
THOMPSON & BOWIE
PO BOX 4630
PORTLAND ME 04112-4630

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10809077. Public record. Not legal advice.