Legal Opinion

Cape Elizabeth School Board v. Cape Elizabeth Teachers Ass'n

Supreme Judicial Court of Maine

Decided October 23, 1981PublishedCited by 14 opinions

1Opinion of the Court

WATHEN, Justice.

This appeal is brought by the Cape Elizabeth School Board from a declaratory judgment determining a grievance arbitrable and requiring the Board to submit to binding arbitration its decision to dismiss Martin Burke, a teacher in the Cape Elizabeth School system. We find that this case is controlled by the Uniform Arbitration Act (hereinafter the Act), 14 M.R.S.A. §§ 5927-5949 (1980), rather than the Declaratory Judgments Act, 14 M.R.S.A. §§ 5951 — 5963 (1980). We therefore deny the appeal and remand with instructions to dismiss the action.

In February 1978 Martin Burke was…

2Cases cited5 opinions

  1. Westbrook School Committee v. Westbrook Teachers Ass'nSupreme Judicial Court of Maine · 1979
  2. Maietta v. GreenfieldCourt of Appeals of Maryland · 1972
  3. Jones v. Maine State Highway CommissionSupreme Judicial Court of Maine · 1968
  4. Cutler Associates, Inc. v. Merrill Trust Co.Supreme Judicial Court of Maine · 1978
  5. Maine School Administrative District 5 v. M. S. A. D. 5 Teachers Ass'nSupreme Judicial Court of Maine · 1974

3Cited by14 opinions

  1. Maine Department of Transportation v. Maine State Employees Ass'nSupreme Judicial Court of Maine · 1990
  2. Cape Elizabeth School Board v. Cape Elizabeth Teachers Ass'nSupreme Judicial Court of Maine · 1983
  3. Perry v. Hartford Accident & Indemnity Co.Supreme Judicial Court of Maine · 1984
  4. Alpha Rho Zeta of Lambda Chi Alpha, Inc. v. Inhabitants of WatervilleSupreme Judicial Court of Maine · 1984
  5. Dodge v. Town of NorridgewockSupreme Judicial Court of Maine · 1990

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