East Shore Beach Condo. Ass'n V. Eddleston
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STATE OF MAINE CUMBERLAND, ss SUPERIOR COURT CIVIL ACTION DOCKET NO. Cl/.-12-4:73 ;1/ ;vN1 I~ i .' !, I/,. r- I EAST SHORE BEACH CONDOMINIUM ASSOCIATION, I :; r )/ ' ,, " ..... ,z: . VI ~--./ () . ' _) I Plaintiff v. ORDER ON MOTION TO DISMISS STEVEN R. EDDLESTON and DANIEL MOSELEY, Defendants Before the court is the defendants' motion to dismiss pursuant to M.R. Civ. P. 12(b)(6). For the following reasons, the motion is denied. The defendants have attached to their motion thirteen exhibits, including affidavits, deeds, parts of the plaintiff's by-laws, parts of the plaintiff's declaration of condominium, amendment to the declaration, a meeting agenda, meeting minutes, correspondence, and emails. In general, only the facts alleged in the complaint are considered on a motion to dismiss. Moody v. State Lottery Comm'n, 2004 ME 20, ~ 8, 843 A.2d 43. If the court considers materials outside the pleadings, the motion is treated as a motion for summary judgment. Id. The court may, however, consider "official public documents, documents that are central to the plaintiff's claim, and documents referred to in the complaint, without converting a motion to dismiss into a motion for summary judgment when the authenticity of such documents is not challenged." Id. <[ 10, citing Alternative Energy, Inc. v. St. Paul Fire & Marine Ins. Co., 267 F.3d 30, 33 (1st Cir. 2001). The court treats this motion as one pursuant to Rule 12(b)(6)1 but will consider the certificate of amendment to the declaration of the East Shore Beach Condominiums, attached to the complaint as exhibit A, the documents referred to in the complaint, and the by-laws submitted by the plaintiff with its memorandum. Viewing the allegations in the complaint in the light most favorable to the plaintiff, the complaint "sets forth elements of a cause of action or alleges facts that would entitle the plaintiff to relief pursuant to some legal theory." In re Wage Payment Litig., 2000 ME 162, ~ 3, 759 A.2d 217; see 33 M.R.S. ยงยง 1602-117(d) (2012); 33 M.R.S. 1603-102(a)(4), (15)-(17) (2012); By-laws, Art. II(A), II(K)(4), (14)-(16); Declaration, Art. S(a), 12(a)(ii), (cf; Certificate of Amendment. The entry is The Defendant's' Motion to Dismiss is DENIED. .. Date: May 29, 2013 Nancy Mills Justice, Superior C 1 If the defendants intended that the court consider thirteen exhibits, a motion for summary judgment should have been filed, along with a supporting statement of material facts. See M.R. Civ. P. 56(h)(l). The procedure provided by Rule 56 significantly aids the court's determination of the existence of disputed material facts and application of law to those facts. See M.R. Civ. P. 56(h)(l)-( 4). 2 The court relies on the plaintiff's description of article 12(c) of the declaration. This part of the declaration is not attached to the Eddleston affidavit. (Pl.'s Mem. at 7.) 2 EAST SHORE BEACH CONDOMINIUM ASSOCIATION VS STEVEN R EDDLESTON ET AL UTN:AOCSsr -2012-0111640 CASE #:PORSC-CV-2012-00473 01 0000001074 NEAGLE, CHRISTOPHER S 511 CONGRESS ST PO BOX 9711 PORTLAND ME 04104-5011 F STEVEN R EDDLESTON DEF F DANIEL MOSELEY DEF RTND RTND 12/14/2012 12/14/2012 02 0000008401 RIELLY BRENDAN 10 FREE STREET PO BOX 4510 PORTLAND ME 04112 F EAST SHORE BEACH CONDOMINIUM ASSOCIATION PL RTND 11/16/2012
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