The Maine Supreme Judicial Court affirmed the decision of the Department of Marine Resources to grant an aquaculture lease to Mere Point Oyster Company in Maquoit Bay. Mere Point Oyster Company was represented by Eaton Peabody attorneys Patrick Lyons and Andy Hamilton. The opinion can be found here: Maquoit Bay LLC v. Department of Marine Resources
MPOC applied for a ten-year aquaculture lease for a site in Marquoit Bay located near the shorefront property of Maquoit Bay, LLC and its sole members, Paul and Kathleen Dioli. DMR approved the application and the Diolis appealed the decision. The Maine Superior Court affirmed the decision, as did the Supreme Judicial Court, holding (1) DMR did not err by approving the lease application without requiring MPOC to consider practicable alternatives; and (2) the Diolis were not entitled to relief on any of their remaining allegations of error.