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RUBIN v. BOARD OF ENV. PROTECTION

577 A.2d 1189 (1990)

Dorothy M. RUBIN v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided July 25, 1990.

Attorney(s) appearing for the Case

Peter J. Rubin (orally), Diane S. Lukac, Bernstein, Shur, Sawyer & Nelson, Portland, for plaintiff.

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

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

ROBERTS, Justice.

Dorothy M. Rubin appeals a Superior Court judgment (Sagadahoc County) affirming a decision of the Board of Environmental Protection denying her a permit and a variance for a house addition she had already built without a permit. The Board appeals the court's dismissal of its counterclaim for an injunctive order that she remove the addition. We affirm the judgment affirming the Board's decision but we vacate the court's order dismissing the counterclaim...

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