Hall v. Board of Environmental Protection

GLASSMAN, Justice.

On report pursuant to M.R.Civ.P. 72(c) the Board of Environmental Protection (BEP) challenges an order of the Superior Court, Sagadahoc County, in favor of Donald Hall and Virginia Hall. The court ruled that the denial by the BEP of a building permit to the Halls under Maine’s “Sand Dune Law” 1 constituted a regulatory taking of property without compensation in violation of article I, section 21 of the Maine Constitution. We hold that no taking has occurred because substantial beneficial uses of their property remain available to the Halls and, accordingly, vacate the order…