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TOWN OF WISCASSET v. BD. OF ENVIRON. PROT.

471 A.2d 1045 (1984)

TOWN OF WISCASSET v. BOARD OF ENVIRONMENTAL PROTECTION et al.

Supreme Judicial Court of Maine.

Decided February 27, 1984.

Attorney(s) appearing for the Case

Murray, Plumb & Murray, Peter L. Murray (orally), Jane E. Barry, Portland, for plaintiff.

James E. Tierney, Atty. Gen., Cabanne Howard (orally), Kay R.H. Evans, Asst. Attys. Gen., Augusta, for Board of Environmental Protection.

Virginia E. Davis (orally), Natural Resources Council of Maine, Augusta, for defendants.

Before McKUSICK, C.J., and ROBERTS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

McKUSICK, Chief Justice.

In order to create a waterfront park and parking lot, the Town of Wiscasset applied to the Board of Environmental Protection (the "Board") for a permit1 to fill wetlands adjacent to the Sheepscot River near the end of the new Wiscasset-Edgecomb bridge on U.S. Route 1. This appeal involves the question of the status of that application in light of the Board's initial 4-3 vote to grant it and of its 5-5 tie vote...

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