Old Orchard Beach v. Old Orchard Beach Police Patrolmens' Assoc., CV-82-613 appeal of No. 82-14 dismissed as untimely, reversed 461 A.2d 1054 (Me. 1983)

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-
Maine.gov
