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WYER v. BD. OF ENVIRONMENTAL PROTECTION

747 A.2d 192 (2000)

2000 ME 45

William W. WYER v. BOARD OF ENVIRONMENTAL PROTECTION and State of Maine.

Supreme Judicial Court of Maine.

Decided March 10, 2000.

Attorney(s) appearing for the Case

Kurt E. Olafsen (orally), Olafsen & Butterfield, Portland and Hans Stoeckler, North Dighton, MA, for plaintiff.

Andrew Ketterer, Attorney General, Margaret Bensinger McCloskey, Asst. Atty. Gen. (orally), Augusta, for defendants.

Jennifer Burns Cost, Maine Audubon Society, Falmouth, and Alison Rieser, Marine Law Institute, University of Maine School of Law, Portland, and John Echeverria, the Environmental Policy Project, Georgetown University Law Center, Washington, DC, for amicus curiae Maine Audubon Society.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.

WATHEN, C.J.

[¶ 1] William W. Wyer appeals from a judgment entered in the Superior Court (Cumberland County, Cole, J.), following a non-jury trial, finding that the denial of a variance under the State's Sand Dune laws did not constitute a taking of Wyer's property in violation of the United States and Maine Constitutions. "The proper procedure for analyzing taking questions is to determine the value of the property at the time of the governmental restriction...

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