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MURPHY v. BOARD OF ENVIRONMENTAL PROTECTION

615 A.2d 255 (1992)

Emmett J. MURPHY v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided October 26, 1992.

Attorney(s) appearing for the Case

Michael E. Carpenter, Atty. Gen., Margaret McCloskey (orally), Asst. Atty. Gen., Augusta, for plaintiff.

Robert J. Crawford (orally), Bernstein, Shur, Sawyer & Nelson, Portland, for defendant.

Beth Ahearn, Maine Audubon Society, Falmouth, amicus curiae.

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

RUDMAN, Justice.

The Board of Environmental Protection appeals from a judgment of the Superior Court (Kennebec County, Chandler, J.) reversing the Board's decision to deny Emmett J. Murphy a permit to rebuild his summer cottage in Wells. On appeal, the Board contends that the court erred in concluding that (1) the Board improperly processed the permit application by applying the incorrect statutory standards and (2...

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