ANNABLE v. BD. OF ENVIRONMENTAL PROTECTION


507 A.2d 592 (1986)

Albert E. ANNABLE v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided April 7, 1986.


Attorney(s) appearing for the Case

Snyder & Jumper, Ervin D. Snyder, (orally), Wiscasset, for plaintiff.

Phyllis Gardiner, (orally), Asst. Atty. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN and GLASSMAN, JJ.


NICHOLS, Justice.

This appeal presents the novel issue of whether a property owner who disagrees with an agency's staff as to whether his property is subject to regulation by that agency is entitled to a declaration of his rights without petitioning the agency for a license.

The Plaintiff, Albert E. Annable, appeals from an order of the Superior Court, Kennebec County, granting the motion of Defendant, Board of Environmental Protection, to dismiss the complaint...

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