December 8, 2015.
Neagle, Esq., Troubh Heisler, PA, Portland, for appellant
D. Poliquin, Esq., Norman, Hanson & DeTroy, LLC,
Portland, for cross-appellant Jonathan R. Day.
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
Neagle, Esq., for appellant Carol Reece.
D. Poliquin, Esq., for cross-appellant Jonathan R. Day.
Sauer, Asst. Atty. Gen., for appellee Board of Environmental
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, and JABAR, JJ.
[¶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 ...