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JOHNSON v. MAINE WETLANDS CONTROL BOARD

250 A.2d 825 (1969)

R. B. JOHNSON and Mabel F. Johnson v. MAINE WETLANDS CONTROL BOARD.

Supreme Judicial Court of Maine.

March 11, 1969.

Attorney(s) appearing for the Case

Robert W. Ferguson, Springvale, and James R. Flaker, Portland, for plaintiffs.

Leon V. Walker, Jr., Asst. Atty. Gen., Augusta, for defendant.

Clinton B. Townsend, Skowhegan, amicus curiae.

Before WEBBER, TAPLEY, MARDEN, DUFRESNE and WEATHERBEE, JJ.

WEATHERBEE, Justice.

In 1967 the Legislature enacted P.L. Chapter 348 which became 12 M.R.S.A., Sections 4701-4709 and which was entitled AN ACT to Regulate the Alteration of Wetlands. The substance of this statute as it affects our problem is found in Sections 4701, 4702 and 4704, which read:

"§ 4701. Procedure; hearing

No person, agency or municipality shall remove, fill, dredge or drain sanitary sewage into, or otherwise alter any swamp, marsh...

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