Legal Opinion

Jonathan Day v. Board of Environmental Protection

Supreme Judicial Court of Maine

Decided January 14, 2016No. Docket Ken-15-15Published

1Per curiam

[¶ 1] Carol Reece appeals and Jonathan Day cross-appeals from a judgment entered in the Superior Court (Kennebec County, Marden, J.) vacating the Board of Environmental Protection’s decision granting Reece’s application for a coastal sand dune permit to create a vehicle access way to her property abutting Popham Beach, and to develop a lawn and walkway on the property. Reece’s property is currently undeveloped, and she has not proposed placing any type of building on the land. See 2 C.M.R. 06 096 355-2 § 3(F) (2014).

[¶ 2] The Board reached a de novo decision in March 2014 after abutting…

2Cases cited6 opinions

  1. Kroeger v. Department of Environmental ProtectionSupreme Judicial Court of Maine · 2005
  2. Preti Flaherty Beliveau & Pachios LLP v. State Tax AssessorSupreme Judicial Court of Maine · 2014
  3. Central Maine Power Company v. Public Utilities CommissionSupreme Judicial Court of Maine · 2014
  4. Friends of the Boundary Mountains v. Land Use Regulation CommissionSupreme Judicial Court of Maine · 2012
  5. Mallinckrodt US LLC v. Department of Environmental ProtectionSupreme Judicial Court of Maine · 2014

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