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MARTHA A. POWERS TRUST v. BD. OF ENV. PROT.

Docket No. BEP-10-339.

15 A.3d 1273 (2011)

2011 ME 40

MARTHA A. POWERS TRUST et al. v. BOARD OF ENVIRONMENTAL PROTECTION et al.

Supreme Judicial Court of Maine.

Decided: March 24, 2011.

Attorney(s) appearing for the Case

Rufus E. Brown, Esq. (orally), Brown & Burke, Portland, ME, for Martha A. Powers Trust and Brian Raynes.

Janet T. Mills , Attorney General, Gerald D. Reid , Asst. Atty. Gen. (orally), Margaret Bensinger , Asst. Atty. Gen. (orally), Augusta, ME, for the Board of Environmental Protection.

Juliet T. Browne, Esq. (orally), Gordon R. Smith, Esq. , Verrill Dana LLP, Portland, ME, for Evergreen Wind Power II, LLC.

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

GORMAN, J.

[¶ 1] Martha A. Powers Trust and Brian Raynes (collectively Trust) appeal, pursuant to 38 M.R.S. § 346(4) (2010),1 from a decision of the Board of Environmental Protection. The Board approved the issuance of permits to Evergreen Wind Power II, LLC (Evergreen), to construct the Oakfield Wind Project. The Trust contends that the Board abused its discretion in denying the Trust's request to hold a public hearing, and...

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