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D & J ASSOCIATES v. BOARD OF ENVIRONMENTAL PROTECTION

560 A.2d 4 (1989)

D & J ASSOCIATES, et al. v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided June 5, 1989.

Attorney(s) appearing for the Case

James P. Boone, (orally), Caron & Boone, Saco, for plaintiffs.

James E. Tierney, Atty. Gen., Dennis J. Harnish, (orally), Asst. Atty. Gen., Augusta, for defendant.

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

ROBERTS, Justice.

D & J Associates and James Lynch, a general partner of that Maine limited partnership, appeal from a judgment of the Superior Court (York County, Fritzsche, J.) dismissing their complaint filed pursuant to 5 M.R.S.A. § 11002 (1979) and M.R.Civ.P. 80C. They claim the court erred in dismissing the complaint for failure to state a claim upon which relief can be granted. We disagree and, accordingly, affirm the judgment.

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