McGettigan v. Town of Freeport

2012 ME 28, 39 A.3d 48, 2012 WL 748393, 2012 Me. LEXIS 28
CourtSupreme Judicial Court of Maine
DecidedMarch 8, 2012
DocketCum-11-230
StatusPublished
Cited by16 cases

This text of 2012 ME 28 (McGettigan v. Town of Freeport) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGettigan v. Town of Freeport, 2012 ME 28, 39 A.3d 48, 2012 WL 748393, 2012 Me. LEXIS 28 (Me. 2012).

Opinion

MEAD, J.

[¶ 1] Marianne McGettigan and Donald Rice appeal, and the Town of Freeport cross-appeals, from the judgment entered in the Superior Court (Cumberland County, Mills, J.) dismissing McGettigan and Rice’s amended complaint against the Town. The court determined that although McGettigan and Rice had standing to pursue their cause of action, 1 the case was moot. McGettigan and Rice argue that the case is not moot. The Town argues that the court erred in finding that McGet-tigan and Rice have standing. We agree that the case is not moot, but conclude that McGettigan and Rice cannot prevail on the merits of their amended complaint. As a result, we vacate the judgment dismissing their amended complaint and remand for the entry of a judgment in favor of the Town on the merits of the amended complaint and denying the request for an injunction.

I. BACKGROUND

[¶ 2] On April 6, 2010, the Freeport Town Council voted to outsource the Town’s emergency dispatch services to the Town of Brunswick. The Town Council authorized the Town’s attorney to draft a contract to effectuate the transfer and authorized the town manager to execute the contract. On June 29, 2010, the town manager signed the contract transferring the Town’s emergency dispatch services to the *50 Town of Brunswick, and the Town made a capital payment of $122,500 to the Town of Brunswick. The contract commenced on July 1, 2010, and terminates on June 30, 2016.

[¶ 3] Section 6.10 of the Town’s charter provides that multi-year contracts must be “made or approved by ordinance.” 2 On October 1, 2010, McGettigan and Rice filed an amended complaint requesting a declaratory judgment that the contract was void because it was inconsistent with section 6.10 and seeking to enjoin the Town from implementing the transfer of emergency dispatch services. Nevertheless, on October 7, 2010, the Town’s emergency dispatch services were transferred to the Town of Brunswick. Five days later, on October 12, 2010, at a public meeting, the Town Council voted fíve-to-one in favor of an ordinance that ratified the contract. McGettigan and Rice were present at the meeting.

[¶ 4] Prior to the outsourcing of emergency dispatch services, the Town offered its residents a “Reassurance Program.” This voluntary program allowed participants to call a dispatcher each morning to report that they were awake and well. The dispatcher would make a note of each person who called and would cross-reference the list of callers with a list of participants. If a participant did not call, the dispatcher would call the participant to make sure that he or she was awake and well. If the participant did not answer, the dispatcher would send a police officer to the participant’s residence to see if the participant needed assistance.

[¶ 5] The Reassurance Program was integrated into the Town of Brunswick’s “Good Morning Program” when the outsourcing of emergency dispatch services went into effect. The Good Morning Program is substantially similar to the Reassurance Program. However, McGettigan and Rice maintained that the Good Morning Program is not operated as well as the Reassurance Program.

[¶ 6] McGettigan and Rice had utilized the Town’s emergency dispatch sendees prior to the transfer to the Town of Brunswick, and Rice had been a participant in the Reassurance Program. McGettigan suffers from a disability, and Rice has a medical condition. They are both residents of the Town and pay real estate and personal property taxes to the Town.

[¶ 7] On October 20, 2010, the Town filed a motion to dismiss McGettigan and Rice’s amended complaint, arguing that the case was moot and McGettigan and Rice did not have standing to bring their *51 cause of action against the Town. The court, without holding a hearing, granted the motion, finding that the case was moot because the Town had approved the outsourcing contract by ordinance at the October 12 public meeting, thereby complying with section 6.10 of the Town’s charter. This appeal followed.

II. DISCUSSION

A. Mootness

[¶ 8] McGettigan and Rice argue that the case is not moot because the contract for the transfer of dispatch services was void from its inception and, therefore, could not be ratified by ordinance.

[¶ 9] The Town, on the other hand, maintains that the case is moot because the October 7, 2010, ordinance properly ratified the contract for the transfer of dispatch services, bringing it into conformance with section 6.10 of the charter.

[¶ 10] We review de novo the trial court’s legal conclusion that the case is moot. See Roberts v. Roberts, 2007 ME 109, ¶ 6, 928 A.2d 776. An issue is moot when “there is no real and substantial controversy, admitting of specific relief through a judgment of conclusive character.” Anthem Health Plans of Me., Inc. v. Superintendent of Ins., 2011 ME 48, ¶5, 18 A.3d 824 (quotation marks omitted). “When determining whether a case is moot, we examine whether there remain sufficient practical effects flowing from the resolution of the litigation to justify the application of limited judicial resources.” Id. (quotation marks and alteration omitted).

[¶ 11] The parties’ arguments, although framed in terms of mootness, center on whether the October 7, 2010, ratification of the multi-year contract by ordinance satisfied the requirements of section 6.10 of the charter. The trial court determined that ratification of the contract by ordinance fell within the “made or approved by ordinance” language of section 6.10. Thus, the trial court’s determination that the case was moot was predicated on its conclusion that the Town’s interpretation of section 6.10 was accurate. Accordingly, there is still a real and substantial controversy as to whether that interpretation is correct.

[¶ 12] Further, the current contract has not been fully performed and does not conclude until 2016; thus, sufficient practical effects will flow from our resolution of this litigation. Cf. Carroll F. Look Constr. Co. v. Town of Beals, 2002 ME 128, ¶ 7, 802 A.2d 994 (explaining that a determination as to whether a construction contract awarded to a bidder by a municipality was lawful would have no practical effect because the contract had already been performed). This case is not moot.

B. Section 6.10

[¶ 13] The interpretation of a municipal charter is a question of law reviewed de novo. See Kittery Retail Ventures, LLC v. Town of Kittery, 2004 ME 65, ¶¶ 10-17, 856 A.2d 1183; Passamaquoddy Water Dist. v. City of Eastport, 1998 ME 94, ¶¶5-7, 710 A.2d 897. We construe the words of a charter according to their plain and ordinary meaning and, when that meaning is clear, we will only look beyond those words if the result is illogical or nonsensical. See Passamaquoddy Water Dist., 1998 ME 94, ¶ 5, 710 A.2d 897 (quotation marks omitted). Additionally, “the interpretive principle that nothing in a statute may be treated as surplusage if a reasonable construction supplying meaning and force is otherwise possible” guides our assessment of a charter’s language.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 ME 28, 39 A.3d 48, 2012 WL 748393, 2012 Me. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgettigan-v-town-of-freeport-me-2012.