189 A.3d 248
Me.2018Background
- Town of Brunswick acquired waterfront property at 946 Mere Point Road via tax-foreclosure in 2011 and Town Council voted to sell it on September 19, 2016; sale completed June 15, 2017.
- In October 2016 residents sought to initiate an ordinance to require the Town to retain the parcel as a public park and shellfish access; petition returned to the clerk with sufficient signatures January 27, 2017.
- The Town Council voted to take no further action on the initiative petition, declining to set a hearing; Council had received legal advice that the petitions sought a referendum-like override of a Council sale and were not authorized by the Charter.
- Citizens filed an M.R. Civ. P. 80B petition challenging the Council’s refusal to act and a complaint for a declaratory judgment that the Charter authorizes voter-initiated ordinances to overturn a Council sale.
- The Superior Court held the 80B petition moot due to the completed sale, but entered a declaratory judgment that voters cannot use the initiative to overturn the Council sale; Citizens appealed.
- The Supreme Judicial Court affirmed mootness of the 80B petition, vacated the declaratory judgment as moot, and remanded with instruction to dismiss the entire complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is moot after the property sale | Citizens: Court can still declare law; relief is meaningful for future governance | Town: Sale renders any relief ineffective and case nonjusticiable | Court: Case moot; sale made any relief impractical; 80B petition properly moot |
| Whether voters may use initiative to overturn a Council vote to sell municipal property | Citizens: Charter permits initiative to enact ordinance that would effectively reverse the sale decision | Town: Charter’s initiative cannot be used to override Council actions like a property sale; petition functionally sought an unauthorized referendum | Court: Did not reach merits due to mootness; vacated declaratory judgment as moot |
Key Cases Cited
- Lewiston Daily Sun v. Sch. Admin. Dist. No. 43, 738 A.2d 1239 (Me. 1999) (courts decide only justiciable controversies; Declaratory Judgments Act not exception)
- Witham Family Ltd. P’ship v. Town of Bar Harbor, 110 A.3d 642 (Me. 2015) (mootness: no practical effects justifies dismissal)
- McGettigan v. Town of Freeport, 39 A.3d 48 (Me. 2012) (standard of review for justiciability de novo)
- Halfway House, Inc. v. City of Portland, 670 A.2d 1377 (Me. 1996) (dismissal as moot where intervening sale rendered relief meaningless)
- Mainers for Fair Bear Hunting v. Dep’t of Inland Fisheries & Wildlife, 136 A.3d 714 (Me. 2016) (exception to mootness for matters of great public concern analyzed by public nature, need for authoritative determination, likelihood of recurrence)
- Ten Voters of the City of Biddeford v. City of Biddeford, 822 A.2d 1196 (Me. 2003) (possibility of future discouraged voters insufficient to overcome mootness)