Kimball v. Land Use Regulation Commission

[¶ 1] The Passamaquoddy Tribe and the Land Use Regulation Commission appeal from a judgment entered in the Superior Court (Kennebec County, Humphrey, J.) vacating LURC’s approval of the Tribe’s application for the rezoning of a parcel of land in Albany Township. The court concluded that the parcel was not “Indian territory” as defined by 30 M.R.S.A. § 6205 (1996) and therefore concluded, as a matter of law, that a proposed high stakes bingo facility could not be built on that parcel. See 17 M.R.S.A. § 314-A(5) (Supp.1999). We agree with the Superior Court that the Albany land is not yet…