FRIEDMAN v. BD. OF ENVIRONMENTAL PROTECTION

Docket: Sag-07-711, Sag-07-712, Ken-08-36.

956 A.2d 97 (2008)

Ed FRIEDMAN et al. v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided: October 9, 2008.


Attorney(s) appearing for the Case

David A. Nicholas, Esq., Newton, MA, Bruce M. Merrill, Esq., Portland, ME, for Ed Friedman and Friends of Merrymeeting Bay.

Douglas H. Watts, Augusta, ME, pro se.

G. Steven Rowe, Attorney General, Janet M. McClintock, Asst. Atty. Gen., Augusta, ME, for Maine Board of Environmental Protection.

Matthew D. Manahan, Esq., Sarah A. Verville, Esq., Pierce Atwood, LLP, Portland, ME, for Parties-in-Interest Hackett Mills Hydro Associates, Hydro Kennebec Limited Partnership, Messalonskee Stream Hydro, LLC, Ridgewood Maine Hydro Partners, L.P., and Rumford Falls Hydro LLC.

Kelly B. Boden, Esq., Verrill Dana, LLP, Portland, ME, for Party-in-Interest Verso Androscoggin LLC.

David Swetnam-Burland, Esq., Stacy O. Stitham, Esq., Brann & Isaacson, Lewiston, ME, for Party-in-Interest Miller Hydro Group.

Jeffrey A. Thaler, Esq., Sarah B. Tracy, Esq., Bernstein, Shur, Sawyer & Nelson, P.A., Portland, ME, for Parties-in-Interest FPL Energy Maine Hydro LLC, Merimil Limited Partnership, and Topsham Hydro Partners, L.P.

Lynne A. Williams, Esq., Bar Harbor, ME, for Amici Curiae Penobscot Bay Watch, The Forest Ecology Network, Peace Action Maine, and Friends of Sebago Lake.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, SILVER, MEAD, and GORMAN, JJ.


SILVER, J.

[¶1] Ed Friedman, Friends of Merrymeeting Bay (FOMB), and Douglas Harold Watts appeal from judgments of the Superior Court (Sagadahoc County, Horton, J., and Kennebec County, Jabar, J.) dismissing Friedman's, FOMB's, and Watts's M.R. Civ. P. 80C appeals for lack of subject matter jurisdiction. The appellants' three separate appeals have been consolidated. Appellants contend that the Superior...

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