v. City of Presque Isle, 1998 ME 166, 715 A.2d 148, a plaintiff claiming a Freedom of Access violation was required to file a motion pursuant to Rule 80B(d) in order to present evidence to the Superior Court. See Moreau v. Town of Turner, 661 A.2d 677, 679 (Me.1995); Palesky v. Town of Topsham, 614 A.2d 1307, 1310 n. 3 (Me.1992) Marxsen v. Board of Dirs., M.S.A.D. No. 5, 591 A.2d 867, 871 (Me.1991). In Underwood, we expressly overruled Marxsen to the extent it required a Rule 80B(d) motion in order for evidence to be presented in a Freedom of Access case. We did so because 1 M.R.S.A. § 409(2) (1989) provides a claimant a trial de novo in the Superior Court. See Underwood, 1998 ME 166, ¶ 22, 715 A.2d at 155; see also Service & Erection Co. v. State Tax Assessor, 684 A.2d 1, 2 (Me.1996) (<HOLDING>) Although in Underwood we did not mention the
holding no requirement of rule 80bd motion in tax appeal where statute provides for trial de novo holding that review of the construction of a sentencing statute is de novo holding that review of a rule 60b4 motion is de novo recognizing ruling on motion for judgment of acquittal is reviewed de novo on appeal recognizing de novo standard of review