Legal Opinion

State Ex Rel. Brennan v. RD Realty Corporation

Supreme Judicial Court of Maine

Decided December 18, 1975PublishedCited by 26 opinions

1Opinion of the Court

POMEROY, Justice.

The jurisdiction of the Maine Board of Environmental Protection to issue or deny approval of a development under the Site Location of Development statute, 38 M.R.S.A. § 481 et seq., is in issue in this case as a result of the denial of a permanent injunction.

That appellee, R. D. Realty Corporation is creating a subdivision within the meaning of 38 M.R.S.A. § 482(5) is not denied.

Also agreed is that appellee did not “notify the commission in writing of his [sic] intent and of the nature and location of such development” before commencing its construction. 38 M.R.S.A. § 483.

The…

2Cases cited10 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  3. Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of TradeSupreme Court of the United States · 1973
  4. Public Util. Comm'n of Cal. v. United StatesSupreme Court of the United States · 1958
  5. In Re Spring Valley DevelopmentSupreme Judicial Court of Maine · 1973

5 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Bar Harbor Banking & Trust Co. v. AlexanderSupreme Judicial Court of Maine · 1980
  2. Fletcher v. FeeneySupreme Judicial Court of Maine · 1979
  3. Keith v. Saco River Corridor CommissionSupreme Judicial Court of Maine · 1983
  4. Churchill v. S. A. D. 49 Teachers Ass'nSupreme Judicial Court of Maine · 1977
  5. Gagne v. Lewiston Crushed Stone Company, Inc.Supreme Judicial Court of Maine · 1976

21 more not listed; retrieve them via the Exa API.

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