In re Spring Valley Development
Maine Supreme Court
300 A.2d 736 (1973)
- Written by Tanya Munson, JD
Facts
Lakesites, Inc. (plaintiff) owned a 92-acre tract of land known as the Spring Valley Development on one side of Raymond Pond. Lakesites began to develop the land into a residential subdivision with 90 lots but was stopped by an order of the Environmental Improvement Commission (the commission) (defendant) directing Lakesites to cease development until it applied for and received approval from the commission according to the Site Location of Development Law (site-location law). The site-location law required persons intending to construct or operate a development that might substantially affect the local environment to notify the commission of their intent and the nature and location of the development before starting construction. If the commission determined that the development was necessary, it would hold a hearing where the developer had the burden of showing that the development would not substantially adversely affect the environment, public health, safety, or general welfare. Developments that might substantially affect the environment were defined by the legislature as any commercial development that required a license from the commission or occupied a land area of more than 20 acres. Lakesites had submitted its subdivision plan to the Town of Raymond’s planning board. The planning board approved the plan. Lakesites did not notify the commission of its intentions, but when the commission learned of the development, it conducted a hearing under the site-location law. At the hearing, the commission determined that Lakesites failed to demonstrate that it would adequately protect the public’s health, safety, and general welfare. The commission denied Lakesites the right to proceed with its development until it obtained the commission’s approval. Lakesites appealed the decision of the commission, raising the issue as to whether offering subdivided lots for sale was a commercial development subject to the site-location law.
Rule of Law
Issue
Holding and Reasoning (Weatherbee, J.)
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