Old Orchard Beach v. Old Orchard Beach Police Patrolmens' Assoc., CV-82-613 appeal of No. 82-14 dismissed as untimely (Dec. 27, 1982), reversed 461 A.2d 1054 (Me. 1983). Superior Court Order of Oct. 27, 1983 to compel compliance with Board Orders of Sept. 27, 1982 and Aug. 15, 1983. State of Maine YORK, ss. SUPERIOR COURT CV-82-613 TOWN OF OLD ORCHARD BEACH, et al Plaintiff vs. ORDER OLD ORCHARD BEACH POLICE PATROLMEN'S ASSOC. et als Defendant This cause came on for hearing, and was argued by counsel, upon the motion of the Defendants, OOB Police Patrolmen's Assoc., Allen C. Holmes and Richard Redican to Dismiss Complaint and Appeal for Failure to Comply with Applicable Statue of Limitations, including Citations of Authorities, and it appearing that the effective date of decision is the date on which actual notice is given to a party, and it further appearing that the injunctive nature of the proceeding requires "service on a party by personal service or otherwise" and pursuant to Rule 5(b) M.R.Civ.P. service upon an attorney or leaving with his clerk is sufficient service, and it further appearing that the decision was received by counsel for the Plaintiffs on 9/28/82 and the 15 day appeal period expired on 10/13/82 and the appeal was docketed on 10/14/82, it is, therefore ORDERED, ADJUDGED AND DECREED that the motion of Defendant's to dismiss be and hereby is granted for failure to timely appeal. Complaint dismissed for lack of jurisdiction. Dated December 27, 1982. /s/___________________________________ S. Perkins Justice, Superior Court STATE OF MAINE SUPERIOR COURT CONSOLIDATED YORK, SS. CIVIL ACTIONS TOWN OF OLD ORCHARD BEACH, ) MAINE ) and ) OLD ORCHARD BEACH PUBLIC ) SAFETY COMMISSION, ) ) Plaintiffs ) DOCKET NO. CV-82-613 ) v. ) ) OLD ORCHARD BEACH POLICE ) PATROLMEN'S ASSOCIATION, ) ALLEN C. HOLMES, ) RICHARD REDICAN, ) and ) MAINE LABOR RELATIONS BOARD, ) ) Defendants ) ______________________________) ) OLD ORCHARD BEACH POLICE ) PATROLMEN'S ASSOCIATION, ) ALLEN C. HOLMES ) and ) RICHARD C. REDICAN, ) ) Plaintiffs ) DOCKET NO. CV-83-481 ) v. ) ) TOWN OF OLD ORCHARD BEACH, ) MAINE ) and ) OLD ORCHARD BEACH PUBLIC ) SAFETY COMMISSION, ) ) Defendants ) 0 R D E R Upon consideration of the Motion to Consolidate filed by the Old Orchard Beach Police Patrolmen's Association, Allen C. Holmes, and Richard Redican, and by agreement of the parties, -1- it is hereby ORDERED: That the above-referenced cases, bearing York County Civil Action Docket numbers CV-82-613 and CV-83-481, are hereby consolidated for all purposes. DATED: Oct. 27, 1983 /s/__________________________________ Robert L. Browne Justice of the Superior Court -2- STATE OF MAINE SUPERIOR COURT CONSOLIDATED YORK, SS. CIVIL ACTIONS TOWN OF OLD ORCHARD BEACH, ) MAINE ) and ) OLD ORCHARD BEACH PUBLIC ) SAFETY COMMISSION, ) ) Plaintiffs ) DOCKET NO. CV-82-613 ) v. ) ) OLD ORCHARD BEACH POLICE ) PATROLMEN'S ASSOCIATION, ) ALLEN C. HOLMES, ) RICHARD REDICAN, ) and ) MAINE LABOR RELATIONS BOARD ) ) Defendants ) _____________________________) ) OLD ORCHARD BEACH POLICE ) PATROLMEN'S ASSOCIATION, ) ALLEN C. HOLMES ) and ) RICHARD C. REDICAN, ) ) Plaintiffs ) DOCKET NO. CV-83-481 ) v. ) ) TOWN OF OLD ORCHARD BEACH, ) MAINE ) and ) OLD ORCHARD BEACH PUBLIC ) SAFETY COMMISSION, ) ) Defendants ) 0 R D E R Non-testimonial hearings were held in connection with these consolidated cases on October 11, 1983. The Town of Old Orchard Beach, Maine, and the Old Orchard Beach Public Safety Commission appeal a "Decision and order" of the Maine Labor Relations Board dated Sepzember 27, 1982. The Old Orchard Beach Police Patrol- men's Association, Allen C. Holmes and Richard C. Redican have -1- commenced the companion civil action to compel compliance with the Maine Labor Relations Board Order dated September 27, 1982 and a subsequent order dated August 15, 1983. It is noted that the Town and the Public Safety Commission have never requested this Court to stay the effective date of those Orders. Upon consideration of the pleadings and argument by counsel for all parties, it is hereby ORDERED: 1) That the appeal by the Town of Old Orchard Beach and the Old Orchard Beach Public Safety Commission is hereby denied. 2) The Complaint by the Old Orchard Beach Police Patrolmen's Association, Allen C. Holmes and Richard Redican, to compel compliance with orders of the Maine Labor Relations Board dated September 27, 1982, and August 15, 1983, is hereby granted. DATED: Oct. 27, 1983 /s/_______________________________ Robert L. Browne Justice of the Superior Court -2-