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ULIANO v. BOARD OF ENVIRONMENTAL PROTECTION

Docket: Han-08-643.

977 A.2d 400 (2009)

2009 ME 89

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

Supreme Judicial Court of Maine.

Decided: August 13, 2009.

Attorney(s) appearing for the Case

Edmond J. Bearor, Esq., Timothy A. Pease, Esq. (orally), Rudman & Winchell, LLC, Bangor, ME, for Anthony and Erin Uliano.

Janet T. Mills, Atty. Gen., Margaret A. Bensinger, Asst. Atty. Gen. (orally), Christopher Taub, Asst. Atty. Gen., Augusta, ME, for Maine Board of Environmental Protection.

Phoebe B. Boyer, Salsbury Cove, ME, for Intervenors.

Dissent: ALEXANDER, J.

LEVY, J.

[¶ 1] Anthony and Erin Uliano appeal from a judgment entered in the Superior Court (Hancock County, Cuddy, 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, 38 M.R.S. §§ 480-A to 480-GG (2008).1 The Ulianos raise numerous issues on appeal, including that the scenic and aesthetic uses standard...

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