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FICHTER v. BOARD OF ENV. PROTECTION

604 A.2d 433 (1992)

James FICHTER et al. v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Lewis Seiler (orally), Cincinnati, Ohio, Timothy Vogel, Vogel & Toole, Portland, for plaintiffs.

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

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

McKUSICK, Chief Justice.

In this Rule 80C proceeding, the Superior Court (York County, Fritzsche, J.) reviewed the denial by the Board of Environmental Protection (BEP) of the application of James and Nancy Fichter for a permit to build a house on their oceanfront lot on Horseshoe Cove in Biddeford. Ruling that the BEP was bound by constitution and statute to give the Fichters an opportunity to cross-examine adverse witnesses and to present rebuttal evidence...

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