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STATE OF MAINE CUMBERLAND, ss. JEANNE M. NAJEMY and RICHARD N. BRYANT Petitioners,

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SUPERIORCOURT / , CIVIL ACTION 2: ~ 'DOC.).<ET NO.. : AP-07-0 5 _ ~fr,~-CUM"-/D/I:lJ~OO/

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80CAPPEAL
v.
BOARD OF ENVIRONMENTAL PROTECTION Defendant SPURWINK WOODS, LLC Party in Interest, LYNDON KECK and HOLLY HOFFMAN Parties in Interest. This case comes before the Court on Petitioners Jeanne M. N ajemy and Richard N. Bryant's appeal of a governmental action pursuant to M.R. Civ. P.
80C.

BACKGROUND
Petitioners Jeanne M. Najemy and Richard N. Bryant (collectively
"Petitioners") appeal a final agency order (the "Order") issued by the Board of

Environmental Protection ("BEp

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approving a 42 unit single-family and

condominium subdivision in Cape Elizabeth, Maine (the "Town") formerly referred to as Spurwink Woods and now renamed Cottage Brook (the "Project").

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Spurwink Woods, LLC (''Developer''), Lyndon Keck and Holly Hofmann are Parties in Interest. Petitioners reside in the immediate vicinity of the Project and opposed the Project during subdivision review before the BEP, the Department of Environmental Protection ("DEP") and the Cape Elizabeth Planning Board (the "Planning Board"). The Order, issued on February I, 2007, approved the Project under the Stonnwater Management Law and Natural Resources Protection Act. However, the BEP detennined that the Project did not require review under the Site Location of Development Law, 38 M.R.S.A.

Download CUMap-07-015.pdf

Maine Law