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SEWALL v. SPINNEY CREEK OYSTER CO., INC.

421 A.2d 36 (1980)

George E. SEWALL et al. v. SPINNEY CREEK OYSTER CO., INC. and Spencer Apollonio, Commissioner of the Department of Marine Resources.

Supreme Judicial Court of Maine.

Decided October 14, 1980.

Attorney(s) appearing for the Case

Cabanne Howard, Asst. Atty. Gen. (orally), Augusta, for Apollonio, Commissioner, Dept. of Marine Resources.

Skelton, Taintor & Abbott, P. A., Brian M. Dench (orally), Lewiston, for Spinney Creek Oyster Co., Inc.

Craig J. Rancourt (orally), Biddeford, for appellees-intervenors.

Before McKUSICK, C. J., and WERNICK, GLASSMAN and ROBERTS, JJ.

WERNICK, Justice.

The Commissioner of the Department of Marine Resources (Commissioner) and Spinney Creek Oyster Co., Inc. (Spinney Creek) have appealed from a judgment of the Superior Court (York County) adjudicating illegal the Commissioner's award of a lease to Spinney Creek in regard to aquaculture operations on certain parts of the York River. The Superior Court held that the failure of the hearing examiner to have any of the witnesses sworn rendered void the...

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