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STATE EX REL. BRENNAN v. R. D. REALTY CORPORATION

349 A.2d 201 (1975)

STATE of Maine ex rel. Joseph E. BRENNAN, Attorney General and the Board of Environmental Protection v. R. D. REALTY CORPORATION.

Supreme Judicial Court of Maine.

December 18, 1975.

Attorney(s) appearing for the Case

Cabanne Howard, Asst. Atty. Gen., Augusta, for plantiff.

Marshall, Raymond & Beliveau by John G. Marshall, Lewiston, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.

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...

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