Getz v. Walsh

The Commissioner of the Department of Environmental Protection granted Janis Walsh and Paul Walsh a permit to construct a pier on their property. Thereafter, Marjorie Getz and David Tourangeau appealed the Commissioner’s order to the Board of Environmental Protection and filed a petition to revoke the Walshes’ permit. The Board summarily dismissed as untimely Getz and Tourangeau’s appeal, and the Commissioner dismissed Getz and Tourangeau’s petition to revoke the permit. Tourangeau and Getz petitioned for judicial review of the administrative decisions. The superior court dismissed the petitions. The Supreme Court affirmed, holding (1) the Board did not err in concluding that Getz and Tourangeau were not “abutters” entitled to notice of the Walshes’ permit application, and the superior court did not abuse its discretion in declining to apply a good cause exception to extend the time for appeal from the Commissioner’s decision granting the Walshes’ permit application; and (2) the superior court did not err in dismissing Tourangeau and Getz’s appeal from the Commissioner’s dismissal of their petition for revocation, as the Legislature has given the Commissioner sole discretion to decide whether to revoke permits. View "Getz v. Walsh" on Justia Law