1. Home
  2. Browse Decisions
  3. A.3d
  4. 10 A.3d
  5. 10 A.3d 722 (2011)
 

TENANTS HARBOR v. DEPT. OF ENVTL. PROT.

Docket: Ken-10-1.

10 A.3d 722 (2011)

2011 ME 6

TENANTS HARBOR GENERAL STORE, LLC v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided: January 6, 2011.

Attorney(s) appearing for the Case

Clifford H. Goodall, Esq. (orally), Dyer Goodall and Denison, P.A., Augusta, ME, for Tenants Harbor General Store, LLC.

Janet T. Mills , Attorney General, Mary M. Sauer , Asst. Atty. Gen. (orally), Augusta, ME, for Department of Environmental Protection.

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

SAUFLEY, C.J.

[¶ 1] The question presented by this appeal is whether a regulatory agency may disregard the "grandfathered" status of a facility by applying unannounced rules or criteria not promulgated by statute or regulation. We conclude that it may not, and we vacate the judgment of the Superior Court (Kennebec County, Marden, J.), which affirmed the decision of the Department of Environmental Protection, declining to recognize the grandfathered status...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases