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Day v. Board of Envtl. Prot.

Supreme Judicial Court of Maine

January 14, 2016

JONATHAN DAY
v.
BOARD OF ENVIRONMENTAL PROTECTION et al

         Argued December 8, 2015.

         On the briefs:

          Chris Neagle, Esq., Troubh Heisler, PA, Portland, for appellant Carol Reece.

         James D. Poliquin, Esq., Norman, Hanson & DeTroy, LLC, Portland, for cross-appellant Jonathan R. Day.

         Janet T. Mills, Attorney General, Mary M. Sauer, Asst. Atty. Gen., and Margaret A. Bensinger, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee Board of Environmental Protection.

         At oral argument:

         Chris Neagle, Esq., for appellant Carol Reece.

         James D. Poliquin, Esq., for cross-appellant Jonathan R. Day.

         Mary M. Sauer, Asst. Atty. Gen., for appellee Board of Environmental Protection.

         Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, and JABAR, JJ.

          OPINION

          PER CURIAM

          [¶1] Carol Reece appeals and Jonathan Day cross-appeals from a judgment entered in the Superior Court (Kennebec County, Marden, J. ) vacating the Board of Environmental Protection's decision granting Reece's application for a coastal sand dune permit to create a vehicle access way to her property abutting Popham Beach, and to develop a lawn and walkway on the property. Reece's property is currently undeveloped, and she has not proposed placing any type of building on the land. See 2 C.M.R. 06 096 355-2 § 3(F) (2014).

          [¶2] The Board reached a de novo decision in March 2014 after abutting landowner Day and others appealed from the initial August 2013 grant of the permit by the Department of Environmental Protection. See 38 M.R.S. § § 341-D(4), 480-D, 480-E (2015). The Board was asked to interpret the Coastal Sand Dune Rules, 2 C.M.R. 06 096 355-1 to -10 (2014), that it had promulgated pursuant to 38 M.R.S. § 480-AA ...


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