Legal Opinion · Concurrence

Nelson v. Bayroot, LLC

Supreme Judicial Court of Maine

Decided May 29, 2008Published

1ConcurrenceSilver, J.

[¶ 27] I concur in the result, but write separately because I would conclude that the Nelsons do not have standing to challenge the Commission’s approval of Bay-root’s application. Although the Nelsons hold a leasehold interest in the 31,000 acres of their wilderness subdivision, many portions of which are common areas, the relocated lots are far from the Nelsons’ lot and will impose a remote, if not virtually nonexistent, injury on the Nelsons.

[¶ 28] The relocated lots are approximately 3500 feet across the lake and a peninsula from the Nelsons’ lot and many miles away from the Nelsons’ lot…

2Cases cited4 opinions

  1. Hammond Lumber Co. v. Finance Authority of MaineSupreme Judicial Court of Maine · 1987
  2. Nelson v. Roscommon County Road CommissionMichigan Court of Appeals · 1982
  3. Storer v. Department of Environmental ProtectionSupreme Judicial Court of Maine · 1995
  4. CUDJOE GARDENS PROPERTY OWNERS ASS'N., INC. v. PayneDistrict Court of Appeal of Florida · 2000

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