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WIDEWATERS STILLWATER CO. v. BACORD

790 A.2d 597 (2002)

2002 ME 27

WIDEWATERS STILLWATER CO., LLC v. BANGOR AREA CITIZENS ORGANIZED FOR RESPONSIBLE DEVELOPMENT.

Supreme Judicial Court of Maine.

Decided: February 15, 2002.

Attorney(s) appearing for the Case

Stephen E.F. Langsdorf, Esq. (orally), Virginia E. Davis, Esq., Joel H. Thompson, Esq., Preti Flaherty Beliveau Pachios & Haley, LLC, Augusta, for plaintiff.

Edward W. Gould, Esq. (orally), James S. Nixon, Esq., Gross, Minsky & Mogul, P.A., Bangor, (for Bacord), Norman S. Heitmann, Esq., John K. Hamer, Esq., City of Bangor, Bangor, for defendants.

Jennifer D. Burns, Esq., Maine Audubon Society, Falmouth, Peter Shelley, Esq., Conservation Law Foundation, Rockland, for amici curiae.

Panel: SAUFLEY, C.J., CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.

CALKINS, J.

[¶ 1] Bangor Area Citizens Organized for Responsible Development (BACORD) appeals from the judgment entered in the Superior Court (Penobscot County, Hjelm, J.) ordering the City of Bangor Planning Board to grant a site development permit to Widewaters Stillwater Co., LLC. The court held that section 165-114(I) of the City of Bangor Land Development Code was an unconstitutional delegation of legislative authority to the Planning Board and that...

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