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HANNUM v. BOARD OF ENVIRONMENTAL PROTECTION

832 A.2d 765 (2003)

2003 ME 123

Anne S. HANNUM v. BOARD OF ENVIRONMENTAL PROTECTION et al.

Supreme Judicial Court of Maine.

Decided: October 15, 2003.

Attorney(s) appearing for the Case

Edmond J. Bearor (orally), Timothy A. Pease, Rudman & Winchell, L.L.C., Bangor, for plaintiff.

G. Steven Rowe, Attorney General (orally), Lucinda E. White, Asst. Attorney General, Margaret B. McCloskey, Asst. Attorney General, Augusta, for BEP, defendant.

James S. Nixon (orally), Gross Minsky & Mogul, P.A., Bangor, for Friends of Acadia, defendants.

Douglas B. Chapman (orally), Eileen McGlinchey Fahey, Fenton, Chapman & Kane, P.A., Bar Harbor, for Millicent Guptill Higgins and Ruth Higgins Horsman, defendants.

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

SAUFLEY, C.J.

[¶ 1] Anne S. Hannum, individually and in her capacity as trustee of the Anne Stroud Hannum Trust, appeals from the judgment of the Superior Court (Hancock County, Jabar, J.) affirming a decision of the Board of Environmental Protection in which the Board denied Hannum's application for a permit to construct a dock on her property in Bar Harbor on Long Cove. Hannum argues that the Board (1) applied regulatory standards that were unconstitutionally...

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