Annable v. Board of Environmental Protection

NICHOLS, Justice.

This appeal presents the novel issue of whether a property owner who disagrees with an agency’s staff as to whether his property is subject to regulation by that agency is entitled to a declaration of his rights without petitioning the agency for a license.

The Plaintiff, Albert E. Annable, appeals from an order of the Superior Court, Ken-nebec County, granting the motion of Defendant, Board of Environmental Protection, to dismiss the complaint pursuant to M.R.Civ.P. 12(b)(6). He asserts that the Defendant Board was obliged to determine preliminarily whether his proposed…