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KROEGER v. DEPT. OF ENVIRONMENTAL PROT.

870 A.2d 566 (2005)

2005 ME 50

Harold A. KROEGER v. DEPARTMENT OF ENVIRONMENTAL PROTECTION et al.

Supreme Judicial Court of Maine.

Decided: April 7, 2005.

Attorney(s) appearing for the Case

Gregory M. Cunningham, Esq., Joan M. Fortin, Esq. (orally), Bernstein, Shur, Sawyer & Nelson, Portland, for plaintiff.

G. Steven Rowe, Attorney General, Margaret Bensinger, Asst. Atty. Gen. (orally), Augusta, for BEP.

Catherine R. Connors, Esq. (orally), Brian M. Rayback, Esq., Pierce Atwood, Portland, for Charles Butt.

Dissent: DANA, and ALEXANDER, JJ.

CALKINS, J.

[¶ 1] Harold A. Kroeger appeals from a judgment of the Superior Court (Kennebec County, Studstrup, J.) affirming the Department of Environmental Protection's denial of his application to build a dock. The Department denied the permit because it found that the proposed dock did not meet the requirements of the Natural Resources Protection Act, 38 M.R.S.A. §§ 480-A to-Z (2001 & Supp.2004...

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