Juanita C. Clark v. Town of Phippsburg

Summary

The court held that Clark’s complaint alleged reviewable government action and stated a cognizable claim under the rule governing review of final government action. Accepting the complaint’s allegations as true and viewing them favorably to Clark, the court concluded that the Board’s refusal to pursue enforcement and the alleged procedural irregularities could be reviewed despite the Board’s later attempt to characterize its earlier decision as nonbinding. The court vacated the dismissal and remanded for further proceedings.