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Legal Opinion · Dissent

Valente v. Board of Environmental Protection

Supreme Judicial Court of Maine

Decided June 14, 1983Published

1DissentMcKUSICK, Chief Justice

We would affirm the judgment of the Superior Court, which upheld the Board of Environmental Protection’s denial of Va-lente’s topsoil mining permit.

Section 484 of the Site Location Law states that the Board

shall approve a development proposal whenever it finds that:

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3. ... The development will not adversely affect existing uses, scenic character, or natural resources in the municipality or in neighboring municipalities.

Each of the specific criteria listed in section 484 is “mandatory”; to obtain a site permit, a developer must meet them all. In re International Paper Co.,…

2Cases cited6 opinions

  1. In Re Maine Clean Fuels, Inc.Supreme Judicial Court of Maine · 1973
  2. In Re Spring Valley DevelopmentSupreme Judicial Court of Maine · 1973
  3. Franklin Property Trust v. Foresite, Inc.Supreme Judicial Court of Maine · 1981
  4. City of Portland v. New England Telephone & Telegraph Co.Supreme Judicial Court of Maine · 1907
  5. Brennan v. Saco Construction, Inc.Supreme Judicial Court of Maine · 1978

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