Clark v. Hancock County Comm’rsAnnotate this Case
Hancock Country Deputy Sheriff Christopher Sargent struck a deer with his patrol car while driving over the speed limit without cause. The County Commissioners voted to collect from Sargent the $1000 insurance deductible paid by the County for the damages to the patrol car. County Sheriff William Clark, Sargent, and the Union of which Sargent was a member (collectively, Plaintiffs) subsequently filed a Me. R. Civ. P. 80B appeal seeking judicial review of the Commissioners’ votes and seeking a declaration that the Commissioners exceeded their authority in requiring Sargent to pay the $1000 deductible. The Commissioners subsequently rescinded the votes seeking to collect the insurance deductible from Sargent. Thereafter, Plaintiffs filed a motion for summary judgment, and the Commissioners field a cross-motion for summary judgment. The superior court entered summary judgment in favor of the Commissioners, concluding that Plaintiffs’ Rule 80B appeal was moot and the request for a declaratory judgment was unripe. The Supreme Court affirmed, holding (1) the Rule 80B appeal was moot and none of the recognized exceptions to the mootness doctrine applied in this case; and (2) Plaintiffs’ request for a declaratory judgment was unripe for judicial review because no genuine controversy existed.