DuBois v. Town of Arundel, 202 A.3d 524

Dubois and Fedder sued the Town of Arundel, Planning Board members, and the town planner after the Planning Board denied renewal of a conditional use permit for Dubois Livestock. The denied application listed Dubois Livestock as applicant and authorized agents different from the individual plaintiffs; Dubois and Fedder did not participate in the administrative hearing.
Plaintiffs alleged a town-planner memorandum led to illegal executive session(s) in violation of the Freedom of Access Act (FOAA).
The Town moved to dismiss under Rule 12(b)(6) and Rule 80B for lack of standing and untimeliness; the Superior Court granted the motion and also imposed Rule 11 sanctions, awarding attorney fees to the Town.
Plaintiffs’ motions for reconsideration and relief were denied; they appealed.
The Law Court affirmed dismissal (for lack of Rule 80B/FOAA basis, lack of standing, and failure to plead an action taken in executive session) but vacated the Rule 11 sanctions for lack of prior notice and opportunity to be heard, remanding for procedures consistent with precedent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper procedural vehicle: whether FOAA claims may be pursued via Rule 80B	Plaintiffs treated complaint as FOAA/Rule 80B filing	Town argued Rule 80B is inapplicable to FOAA claims	Court: Rule 80B is inapposite for FOAA; dismissal proper if framed as FOAA claim
Standing for Rule 80B appeal	Dubois/Fedder asserted they could challenge Planning Board action	Town argued plaintiffs were not parties to administrative proceeding and suffered no particularized injury	Court: No standing—plaintiffs were not parties at hearing and alleged no particularized injury; Rule 80B dismissal affirmed
Failure to state FOAA claim	Plaintiffs alleged illegal executive session triggered by planner memo	Town argued complaint did not allege any action taken during executive session that would entitle relief under FOAA	Court: Complaint failed to plead that any actionable decision occurred in executive session; dismissal under Rule 12(b)(6) proper
Sanctions under M.R. Civ. P. 11	Plaintiffs contested imposition and lack of basis	Town supported sanctions and submitted fee affidavit after court invited it	Court: Imposition of monetary sanctions without adequate notice and opportunity to be heard was abuse of discretion; sanctions vacated and remanded for proceedings consistent with Green Tree/Cope procedure

Dubois v. Office of the Attorney General, 185 A.3d 734 (Me. 2018) (Rule 80C/FOAA procedural principles)
Bank of Am., N.A. v. Greenleaf, 124 A.3d 1122 (Me. 2015) (standing as justiciability)
Norris Family Assocs., LLC v. Town of Phippsburg, 879 A.2d 1007 (Me. 2005) (Rule 80B standing requirements)
Friends of Lincoln Lakes v. Town of Lincoln, 2 A.3d 284 (Me. 2010) (standing and municipal appeals)
Paul v. Town of Liberty, 151 A.3d 924 (Me. 2016) (motion to dismiss standard on administrative appeals)
Lewiston Daily Sun v. Sch. Admin. Dist. No. 43, 738 A.2d 1239 (Me. 1999) (FOAA relief requires allegation that action occurred during closed session)
Green Tree Servicing, LLC v. Cope, 158 A.3d 931 (Me. 2017) (procedural safeguards and notice before monetary sanctions)
Wells Fargo Bank, N.A. v. Welch-Gallant, 162 A.3d 827 (Me. 2017) (sanctions authority in pretrial misconduct context)
Pepperell Trust Co. v. Mountain Heir Fin. Corp., 708 A.2d 651 (Me. 1998) (abuse-of-discretion review of sanctions)