Hall v. Board of Environmental Protection

NICHOLS, Justice.

The Plaintiffs, Donald Hall and Virginia Hall, appeal from a judgment entered by the Superior Court (Sagadahoc County) dismissing their M.R.Civ.P. 80C review of a decision of the Board of Environmental Protection. The Board had denied the Plaintiffs’ after-the-fact application to construct a seasonal cottage in Phippsburg. Further, the Superior Court granted the Defendant’s motion to dismiss the Plaintiffs’ independent causes of action, Count VI alleging an unconstitutional taking of property and Count VII alleging estoppel. Finding error in such dismissal of Count VI, we…