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HALL v. BOARD OF ENVIRONMENTAL PROTECTION

528 A.2d 453 (1987)

Donald HALL and Virginia Hall v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided July 14, 1987.

Attorney(s) appearing for the Case

Daniel M. Snow (orally), Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, for plaintiff.

Rebecca Warren Seel, Maine Mun. Ass'n, Augusta, Amicus Curiae.

Gregory W. Sample (orally), Bd. of Environmental Protection, Augusta.

Karin R. Tilberg (orally), Maine Audubon Society, Falmouth, for Intervenor.

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

GLASSMAN, Justice.

On report pursuant to M.R.Civ.P. 72(c) the Board of Environmental Protection (BEP) challenges an order of the Superior Court, Sagadahoc County, in favor of Donald Hall and Virginia Hall. The court ruled that the denial by the BEP of a building permit to the Halls under Maine's "Sand Dune Law"1 constituted a regulatory taking of property without compensation in violation of article I, section 21 of the Maine Constitution...

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