Rooney v. Town of Yarmouth

Claiming that he was deprived of salary benefits in violation of certain of his State and Federal statutory and constitutional rights, the plaintiff, Paul Rooney, a police officer, commenced this action for declaratory relief. The defendant, the town of Yarmouth, moved to dismiss, and both parties submitted affidavits. After a hearing (and treating the town’s motion as one for summary judgment), a judge of the Superior Court allowed the town’s motion and entered judgment denying Rooney relief. Rooney appealed, and we transferred the case to this court on our own motion. We affirm.

The material…