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KIMBALL v. LAND USE REGULATION COM'N

745 A.2d 387 (2000)

2000 ME 20

Evelyn KIMBALL et al. v. LAND USE REGULATION COMMISSION et al.

Supreme Judicial Court of Maine.

Decided February 7, 2000.

Attorney(s) appearing for the Case

Jeffrey Rosenblatt (orally), Berman & Simmons, P.A., Lewiston, Margaret D. Wille (orally), Hebron, John M.R. Paterson, Bernstein, Shur, Sawyer & Nelson, P.A., Portland, for plaintiffs.

Gregory W. Sample (orally), Barbara L. Goodwin, Drummond Woodsum & MacMahon, Portland, for defendant Passamaquoddy Tribe.

Andrew Ketterer, Attorney General, Jeffrey Pidot, Asst. Attorney General (orally), Augusta, defendant for LURC.

Before CLIFFORD, RUDMAN, DANA, and SAUFLEY, JJ.

SAUFLEY, J.

[¶ 1] The Passamaquoddy Tribe and the Land Use Regulation Commission appeal from a judgment entered in the Superior Court (Kennebec County, Humphrey, J.) vacating LURC's approval of the Tribe's application for the rezoning of a parcel of land in Albany Township. The court concluded that the parcel was not "Indian territory" as defined by 30 M.R.S.A. § 6205 (1996) and therefore concluded, as a matter of law, that a proposed high stakes...

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