Turcotte v. Humane Soc. Waterville Area
Decision Date | 04 November 2014 |
Docket Number | Docket No. Ken–14–52. |
Citation | 2014 ME 123,103 A.3d 1023 |
Parties | Gina TURCOTTE, v. HUMANE SOCIETY WATERVILLE AREA. |
Court | Maine Supreme Court |
Gina Turcotte, appellant pro se.
The Humane Society Waterville Area did not file a brief.
Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, JABAR, and HJELM, JJ.
[¶ 1] Gina Turcotte appeals from an order of the Superior Court (Kennebec County, Murphy, J. ) dismissing her complaint against the Humane Society Waterville Area (HSWA) for failure to state a claim upon which relief can be granted. Turcotte's complaint sought, pursuant to Maine's Freedom of Access Act, 1 M.R.S. § 400 et seq. (2013), to compel HSWA to permit inspection of its records. Because we conclude that HSWA is not a public agency for purposes of FOAA, we affirm the dismissal of Turcotte's complaint.
[¶ 2] On September 18, 2013, Turcotte filed a pro se complaint for injunctive relief seeking the release of HSWA records relating to a certain cat.1 The complaint alleged, in relevant part, that Turcotte “is a private woman who has a right to review and receive public documents in the custody of public benefit, non-profit agencies” and that HSWA “is a public benefit, non-profit agency supported by 95% public donations for the purpose of reuniting, sheltering and re-homing lost and abandoned animals.” The complaint further alleged that Turcotte had submitted a request for documents to HSWA pursuant to FOAA and that HSWA “wrongfully withheld public records requested by Claimant by failing to comply with the statutory time limit for the processing of FOAA requests.”
[¶ 3] On December 16, 2013, HSWA filed a motion to dismiss pursuant to M.R. Civ. P. 12(b)(6) for failure to state a claim upon which relief could be granted, asserting that “HSWA—being a private corporation—is not subject to the disclosure provisions of [FOAA].” In her opposition to HSWA's motion, Turcotte argued that “HSWA is the functional equivalent of a public agency” and included several exhibits pertaining to HSWA's contracts with twenty-three cities and towns and HSWA's tax status as an “organization that normally receives a substantial part of its support from a governmental unit or from the general public.” HSWA's contract with the City of Waterville, which Turcotte attached as an exhibit to her opposition to the motion to dismiss, provides, in part:
[¶ 4] On January 20, 2014, the court issued an order dismissing Turcotte's complaint with prejudice, concluding that HSWA “is not subject to 1 M.R.S. [§] 400 et seq. ” Turcotte appealed.
[¶ 5] “We review de novo the legal sufficiency of a complaint when it has been challenged by a motion to dismiss.” Ramsey v. Baxter Title Co., 2012 ME 113, ¶ 6, 54 A.3d 710 (quotation marks omitted). In doing so, we view the complaint “in the light most favorable to the plaintiff to determine whether it sets forth elements of a cause of action or alleges facts that would entitle the plaintiff to relief pursuant to some legal theory,” id. (quotation marks omitted), and “we take the material allegations of [the] complaint as though they were admitted.”2 In re Austin T., 2006 ME 28, ¶ 6, 898 A.2d 946.
1 M.R.S. § 402(3). When evaluating whether an entity qualifies as a public agency or political subdivision for purposes of FOAA, we look to the function that the entity performs. Dow v. Caribou Chamber of Commerce and Indus., 2005 ME 113, ¶ 12, 884 A.2d 667. We consider four factors in conducting this analysis: “(1) whether the entity is performing a governmental function; (2) whether the funding of the entity is governmental; (3) the extent of governmental involvement or control; and (4) whether the entity was created by private or legislative action.” Id. (quoting Town of Burlington v. Hosp. Admin. Dist. No. 1, 2001 ME 59, ¶ 16, 769 A.2d 857 ). We address each factor in turn.
[¶ 7] First, we consider whether HSWA performs a governmental function. HSWA is contractually obligated to provide food, shelter, and medical services to stray animals, which benefits each of the municipalities HSWA serves. Other jurisdictions have concluded that humane societies serve governmental functions; they have done so, however, primarily where the societies and their employees are authorized by statute to take actions such as enforcing animal welfare laws and confiscating abused or neglected animals. See, e.g., Daskalea v. Washington Humane Soc'y, 480 F.Supp.2d 16, 26 (D.D.C.2007) ( ); Brunette v. Humane Soc'y of Ventura Cnty., 294 F.3d 1205, 1208 (9th Cir.2002) ( ); Champagne v. Spokane Humane Soc'y, 47 Wash.App. 887, 737 P.2d 1279, 1282 (1987) ( ).
[¶ 8] Here, the City is required by statute to select a shelter to fulfill the function of sheltering stray animals....
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