# Nelson v. Maine Land Use Reg. Comm'n > Superior Court of Maine · June 29, 2007 URL: https://www.frixlaw.com/law-library/cases/10808885 ## Case - **Court:** Superior Court of Maine - **Decided:** June 29, 2007 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Donald H. Marden - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10808885 ## Opinion text STATE OF MAINE SUPERIOR COURT CIVIL ACTION KENNEBEC, ss. DOCKET NO. AP-06-72 T)l~ ,/v\-)~ L /), 0 ; ';'/':J.: ROBERT and PATRICIA NELSON, Petitioners v. DECISION AND ORDER MAINE LAND USE REGULATION COMMISSION, Respondent Robert and Patricia Nelson ("Petitioners"), pursuant to M.R. Civ. P. 80C and 5 M.R.S.A. § 11001, ask this court to review the September 6, 2006 decision of the Maine Land Use Regulation Commission ("LURC") approving Bayroot, LLC's Application to Amend Subdivision Plan for LURC Project No.5 ("SP 5"). In 1972, LURC approved Brown Company's subdivision application, SP 5, with conditions, for an area around Parmachenee Lake. The 19-1ot subdivision was approved as a camp lot lease program. The lease lots were dispersed throughout the 31,OOO-acre subdivision and provided outdoor enthusiasts with the opportunity to lease lots in a remote wilderness area. In its 1972 decision, LURC disapproved Brown Company's proposed location of four sites for the reason that the soil at those locations was unsuitable for development,l LURC imposed, in Condition 2 of its decision, a duty on the applicant to return to the Commission to obtain approval for new locations for 1 "Soil types on sites 1, 3, 9, 13 and 14 are rated with severe to very severe limitations for the uses proposed." R. at 20, L6_-_~7"'-2 Docket No. _------6.'A..... ~ _ County Action ---LP.....e.....t.....i'-lt....Ji.....O.l.Jn""-------fL..>.....o rL..-Ru.e...v-"--'-i~e.lOlw _ 80C tLMARDE.N vs. et al Plaintiff's Attorney Defendant's Attorney Peggy L. McGehee. Esq. William V. Ferdinand. Jr •• Esq. (Bayroot) One Canal Plaza Eaton Peabody PO Box 426 77 Sewall Street. Suite 3000 Portland. Maine 04112-0426 Augusta. ME 04330 - Dennis J. Harnish. AAG 6 State House Station Augusta, Maine 04333-0006 Date of Entry 10/5/06 Petition for Review, filed. s/McGehee, Esq. 10/12/06 Entry of Appearance, filed. s/Ferdinand, Jr., Esq. 11/3/06 Certification of Record. filed. s/Carroll, Dir. LURC (in vault) 11/13/06 Notice of briefing schedule mailed to attys of record. 12/13/06 Plaintiffs' Brief in Support of Petition, filed. s/McGehee, Esq. 12/15/06 Plaintiffs' Amended Brief in Support of Petition, filed. s/McGehee, Esq. 12/20/06 Respondent Maine Land Use Regulation Commission's Motion for Enlargement of Time in Which to File Brief, filed. s/Harnish, AAG Proposed Order. filed. 1/5/07 ThirdiParty-in-Interest Bayroot, LLC's Motion for Enlargement of Time in Which to File Brief, filed. s/Ferdinand, Jr., Esq. Proposed Order, filed. 1/22/07 ORDER GRANTING ENLARGEMENT, Studstrup, J. Bayroot LLC may file its brief on or before January 26, 2007. Copies mailed to attys of record. 1/22/07 ORDER GRANTING ENLARGEMENT OF TIME. Studstrup, J. Maine Land Use Regulation Commission may file its brief on or before January 26, 2007. Copies mailed to attys of record. 1/26/07 Brief of Respondent Maine Lane Use Regulation Commission, filed. s/Pidot,AA Brief of Bayroot, LLC Third Party in Interest, filed. s/Ferdinand, Jr., Esq No:;ce 01 sc~;,ng tor__ ~ Iq ) () 1 . sent to attorneys of record. Date of Entry Docket No. 2/12/07 Petitioners' Brief In Reply To Bayroot's Rule BOC Brief, filed. s/McGehee, Esq. Petitioners' Reply To Maine Land Use Regulation Commission's Rule 80C Brief, filed. s/McGehee, Esq. 7/12/07 DECISION AND ORDER, Marden, J. (6/29/07) the petition to vacate LURC's September 6, 2006 decision regarding Bayroot's application to amend SP-S is GRANTED;this matter is REMANDED to LURC for further proceedings consistent with this decision and order. Copies mailed to attys. of record. Copies mailed to Donald Goss, Garbrecht Law Library and Deborah Firestone. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10808885. Public record. Not legal advice.