Lapointe v. Kennebec County Comm'rs

• Court: Superior Court of Maine
• Decided: May 24, 2004
• Docket: KENap-04-10
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION KENNEBEG , ss. DOCKET NO. AP-04-10 ' SKS~ Key i= 5 huaoe4

ANDREA M. LAPOINTE and MICHAEL T. BARDEN,

Petitioners

Vv. ORDER

KENNEBEC COUNTY COMMISSIONERS, moines

Respondents

UN a

This matter came on for hearing on the appeal of the plaintiffs from a decision of the Kennebec County Commissioners (County Commissioners Court) denying the plaintiffs an abatement of the real estate tax valuation on their property as established by the City of Hallowell. The plaintiffs assert procedural irregularities, which they believe have deprived them of their Due Process rights. In this regard, the plaintiffs have requested a trial of the facts.

The response by the Kennebec County Commissioners was succinct in that it merely pointed out that the plaintiffs had the wrong party, citing Shawmut Inn v. Town of Kennebunkport, 428 A.2d 384, 388 (Me. 1981). The court concludes that the Commissioners are correct. Just as an appeal to the Law Court from a decision of the Superior Court does not make the Superior Court the appropriate appellee, so to an appeal from the County Commissioners Court to the Superior Court does not make the County Commissioners an appropriate appellee. The appellants were placed on notice of this deficiency and rather then amend their complaint to state the proper party opponent, they chose to argue the point. Since the appellants’ argument does not

prevail, the appeal must be dismissed. Therefore, the entry will be:

The appeal against the Kennebec County Commissioners is DISMISSED for stating the wrong party.

Dated: May. 2 , 2004. Medihur

S. Kirk Studstrup , Justice, Superior Court Date Filed 2/12/04 Kennebec Docket No. AP04-10 County Action Petition for Review 80B . STUDSTRyp

Andrea M. Lapointe & Michael T. BardenVYs- Kennebec County Commissioners Plaintiff's Attorney Defendant’s Attorney

Andrea Lapointe & Michael Barden, Pro Se George-M.-Jabar;-Ti3 "Esq.

10 Academy Street One-Center-Street———

Hallowell, Maine 04347 Watervittes Matne-—0490T=5425

~WARREN SHAY ESQ PO BOX 467 SKOWHEGAN MAINE 04976

Date of Entry

2/11/04 Complaint, filed. s/Lapointe s/Barden, Pro Se

2/17/04: Notice of briefing schedule sent to PI1tf.

2/20/04 Acknowledgment of Receipt of Summons and Complaint or Post~. lgment Motion.served on Kennebec County Commissioners on 2/11/04. Hearing documents, filed. -

2/23/04 Letter entering appearance, filed. s/Jabar, II, Esq.

2/27/04 Brief of Plaintiffs, filed. s/Andrea Lapointe & Michael T. Berden, Pro Se Motion for Trial of the Facts, filed. s/Lapointe s/Barden, Pro Se Proposed Order, filed.

3/3/04 Letter Requesting any proceedings to be recorded, filed. s/A. Lapointe, Pro se Plaintiff.

3/9/04 Defendant's Objection to the Plaintiffs' Motion for a Trial of the Facts, filed. s/Jabar, II, Esq. Brief of Defendant, filed. s/Jabar, II, Esq.

3/11/05 Reply Brief of Plaintiffs, filed. s/Andrea M. Lapointe, Pro Se

3/24/04 Motion to Withdraw, filed. s/Jabar, II, Esq. Certificate of Service, filed. s/Jabar, II, Esq.

3/24/04 MOTION TO WITHDRAW, Studstrup, J. Motion granted. George Jabar, Esq. allowed to withdraw. Copies mailed to attys of record.

3/31/04 Reply Brief to Defendant's objection to the Plaintiff's Motion for a Tria

of the Facts, filed. s/Lapointe, Pro Se

Noiice of setting for 515) of .

sent to attorneys of recor.

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