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ULIANO v. BOARD OF ENVIRONMENTAL PROTECTION

876 A.2d 16 (2005)

2005 ME 88

Anthony ULIANO et al. v. BOARD OF ENVIRONMENTAL PROTECTION et al.

Supreme Judicial Court of Maine.

Decided: July 7, 2005.

Attorney(s) appearing for the Case

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

G. Steven Rowe, Atty. Gen., Margaret A. Bensinger, Asst. Atty. Gen. (orally), Augusta, for defendants.

James & Phoebe Boyer, Salisbury Cove, David Dunton, Bar Harbor, Franklin & Sherrie Epstein, Brookline, MA, Robert & Judith Grossart, Salisbury Cove, Lois Hager, Bloomfield, CT, David & Mary Opdyke, Salisbury Cove, Brad & Lynn Thompson, Galveston, TX, Intervenors.

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

LEVY, J.

[¶ 1] Anthony and Erin Uliano appeal from a judgment of the Superior Court (Hancock County, Mead, J.) affirming the Board of Environmental Protection's order denying their application for a permit to build a pier pursuant to the Natural Resources Protection Act (NRPA, the Act), 38 M.R.S.A. §§ 480-A to 480-AA (2001 & Supp.2004). The Ulianos raise several challenges to the Board's findings and conclusions. We conclude that the Board...

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