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DEP v. TOWN OF OTIS

716 A.2d 1023 (1998)

1998 ME 214

DEPARTMENT OF ENVIRONMENTAL PROTECTION et al. v. TOWN OF OTIS and George Dunn.

Supreme Judicial Court of Maine.

Decided September 4, 1998.

Attorney(s) appearing for the Case

Andrew Ketterer, Attorney General, Lucinda E. White, Asst. Atty. Gen. (orally), Augusta, for plaintiff.

James E. Patterson (orally), Ellsworth, for George Dunn.

Bronson Platner, Ellsworth, for Town of Otis.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, and SAUFLEY, JJ.

SAUFLEY, Justice.

[¶ 1] This appeal requires us to determine whether the Attorney General may appeal from the grant of a variance by a zoning board of appeals when neither the Attorney General nor any of his client agencies have participated in the proceedings before the board. Because we conclude that he may not, we vacate the judgment of the Superior Court (Hancock County, Mead J.) and remand the matter for...

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