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CONSERVATION LAW FOUNDATION, INC. v. DEP

823 A.2d 551 (2003)

2003 ME 62

CONSERVATION LAW FOUNDATION, INC., et al. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION et al.

Supreme Judicial Court of Maine.

Decided: April 29, 2003.

Attorney(s) appearing for the Case

Peter Shelley (orally), Conservation Law Foundation, Rockland; Gregory M. Cunningham (orally), Jeffrey A. Thaler, Bernstein, Shur, Sawyer & Nelson, P.A., Portland, for Charles and Constance Gagnebin, plaintiffs.

G. Steven Rowe, Attorney General, Gerald D. Reid, Asst. Attorney General (orally), Augusta; James T. Kilbreth (orally), Jacqueline Rider, Robert E. Cleaves, Verrill & Dana, LLP, Portland, for Edward Johnson, for defendant.

Edmond J. Bearor, Rudman & Winchell, LLC, Bangor; Christine Hughes, New England Legal Foundation, Boston, MA, for amicus curiae New England Legal Foundation.

Panel: CLIFFORD, ALEXANDER, CALKINS, and LEVY, JJ.

CALKINS, J.

[¶ 1] Edward C. Johnson IV appeals from a judgment of the Superior Court (Kennebec County, Atwood, J.) invalidating a permit issued by the Department of Environmental Protection (DEP)1 that allowed Johnson to build a dock on waterfront property in the Town of Mount Desert. Acting on petitions brought by the Conservation Law Foundation (CLF) and abutters Charles Gagnebin III and Constance Gagnebin, the court also...

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