Kormendy v. Town of Kennebunk
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STATE OF MAINE YORK, SS. SUPERIOR COURT Civil Action Docket No. AP-16-0037 TIBOR KORMENDY, Petitioner, v. ORDER TOWN OF KENNEBUNK, Respondent. Petitioner Tibor Kormendy filed this Rule SOB complaint on October 13, 2016, in connection with his request to the Town of Kennebunk Board of Assessment Review ("Board") for tax abatement. The complaint asserts that the Board failed to hear his appeal from the denial of an abatement of his 2013 taxes, and also alleges violations of due process and equal protection rights, requests a trial, and seeks refunds for the years 2013 through 2016. On November 18, 2016 Petitioner filed a motion for service by alternate means pursuant to M.R. Civ. P. 4(g), which authorizes service by other means "upon a showing that service cannot with due diligence be made by another prescribed method." Petitioner's motion stated that service of the complaint was "made onto all Defendants, with full compliance with Rule 4(c)(l)" and that "Defendants had failed to return the notice and acknowledgement form within the allowed 20 day time window, ad the time window expired on November 9, 2016." Pl.'s Mot. for Serv. By Alt. Means, <fiI 2, 3. The court did not act upon the motion for alternate service until January 19, 2017. The motion was denied because it did not appear that Petitioner had attempted service under Rule 4(c)(2) and therefore had not demonstrated that "service cannot be made by 1 another prescribed method," namely service by "a sheriff or deputy within the sheriff's county, or other person authorized by law, or by someone specially appointed by the court for that purpose." M.R. Civ. P. 4(c)(2). On January 30, 2017, Petitioner filed an "Affidavit of 'Personal Service' in support of Rule 4(h) 'Return of Service,"' stating, among other things: "I have Personally Served five (5) enveloped packets, each containing true co12ies of the Complaint and its own attachment, . . . addressed separately and individually, one for each Defendant, who are all either persons, or officers, or agents, or employees, etc. having a usual official address at the Town Ball of Kennebunk, and Defendant Town of Kennebunk itself, and such personal service was made by me hand delivering said (5) packets to the Office of the Clerk of the Town of Kennebunk at the Kennebunk Town Hall, and handing the said (5) packets directly over to the Deputy Clerk on duty at the Office front counter, and said Deputy Clerk received the packages and signed the receipt for taking such delivery, and a true copy of said signed receipt of or about Oct. 20, 2016, endorsed by me as service provider, is attached hereto, and made part of this AFFIDAVIT, together to be returned to the Court, in compliance with the requirements of the Rule 4(h) 'Return of Service."' Pl.'s Rule 4(h) "Return of Service" (emphasis in original). described above does not comply with M.R. Civ. P. 4. The attempted service Petitioner may not act as "service provider"-that is, personally effect service upon the opposing party or its agents-without specific authorization or appointment; nor is this method otherwise permitted by rule or statute. M.R. Civ. P. 4(c)(2), (3). The date for filing a return of service under M.R. Civ. P. 3 was on or about January 13, 2017, which was approximately 90 days from the filing of the complaint on October 13, 2016. Because of its delay in acting on Petitioner's motion for service by alternate means (about 60 days), the court is extending sua sponte the date for filing a return of service in this matter for an additional 60 days from the date this order is entered on the docket. Petitioner is cautioned, however, that his status as a self represented litigant does not exempt him from compliance with the rules, including the 2 rules of service. Brown v. Thaler, 2005 ME 75, CJ[ 8, 880 A.2d 1113. Failure to comply with the extended Rule 3 deadline may result in a dismissal of this action. The clerk may incorporate this order upon the docket by reference pursuant to Rule 79(a) of the Maine Rules of Civil Procedure. Dated: April 11, 2017 Wayne Justice, Date Entered on Docket: ·t;k·t',/tr 3 AP-16-37 PLAINTIFFS PRO SE: TIBOR KOMENDY IBOL YA KOMENDY 17 TIDEVIEW TER KENNEBUNK ME 04043 DEFENDANTS PRO SE: TOWN OF KENNEBUNK 1 SUMMER STREET KENNEBUNK ME 04043
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