Tenants Harbor General Store, LLC v. Department of Environmental Protection

[¶ 1] The question presented by this appeal is whether a regulatory agency may disregard the “grandfathered” status of a facility by applying unannounced rules or criteria not promulgated by statute or regulation. We conclude that it may not, and we vacate the judgment of the Superior Court (Kennebec County, Marden, /.), which affirmed the decision of the Department of Environmental Protection, declining to recognize the grandfathered status of the underground fuel tanks at a convenience store in Tenants Harbor.

I. BACKGROUND

[¶ 2] In February 2007, Paul Voile contracted to purchase property in…