Pollack v. Maine School Administrative District No. 75

STATE OF MAINE SUPERIOR COURT
SAGADAHOC, SS. CIVIL ACTION
Docket No. CV-2019-28

MATTHEW POLLACK, )
Petitioner, )
)
)
V. ) ORDER ON MOTION
) TO RECONSIDER
)
MAINE SCHOOL )
ADMINISTRATIVE )
DISTRICT NO. 75, )
Respondent. )

The Petitioner has moved for reconsideration of this court's April 22, 2020 order.
In doing so, the Petitioner has cited no authority to support a conclusion that the court's
order was an abuse of discretion.

The Petitioner would have the court decide this matter without consideration of
the document at issue. Following such a process would be inconsistent with the policy
behind the exceptions to the Freedom of Access ("FOA") statute and the Law Court's
FOA jurisprudence. Also, if the court were to consider the document in the current
procedural posture of this matter and deny the petition, the Petitioner could appeal and
argue persuasively that the document was not properly part of the record before the
court. Either possibly faulty process can and should be avoided.

As noted in the April 22, 2020 order, when the previous procedural order was
entered, the court presumed that the document at issue in this case was properly before
the court and could be considered by the court in making its determination. If not for
that possibly incorrect assumption, the October 10, 2020 procedural order would not
have been entered.

For these reasons, the Petitioner's Motion to Reconsider is DENIED.

The Clerk is directed to incorporate this Order by reference into the docket for
this case, pursuant to Rule 79(a), Maine Rules of Civil Procedure.

Dated: October 28, 2020

y~{~ JUSTICE, MAINESUPEOURT

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