Brunswick Citizens for Collaborative Government v. Town of Brunswick

The Supreme Judicial Court affirmed the determination of the superior court that Plaintiffs’ Me. R. Civ. P. 80B petition was moot, vacated the declaratory judgment entered by the court, and remanded for dismissal of the complaint in its entirety.At issue was the decision of the Town of Brunswick to sell certain property. Brunswick residents began initiative proceedings to enact an ordinance that would require the Town to retain the parcel for public use. After the requisite number of signatures were obtained, the town council decided to take no further action on the petition. Plaintiffs filed a Rule 80B petition for review of the council’s decision and sought a declaration that the town charter permits voters to enact, by initiative, an ordinance that would overturn the council’s decision to sell the property. The superior court concluded that the Town erred in declining to hold a public hearing on the proposed ordinance but determined that the issue had been rendered moot by the sale of property. The court then entered a declaratory judgment that the voters could not override the council's vote to sell the property. The Supreme Judicial Court held that the lower court correctly determined the Rule 80B petition to be moot and should have done the same regarding the declaratory judgment action. View "Brunswick Citizens for Collaborative Government v. Town of Brunswick" on Justia Law