Statement issued by Jerry Elmer, Senior Attorney, Conservation Law Foundation:
I am delighted to report that the Superior Court today issued its long-awaited decision in the Champlin’s Marina case. We won a complete victory; the Superior Court upheld the 2011 CRMC decision denying Champlin’s Marina a permit to expand into the Great Salt Pond. I attach a PDF of the Superior Court’s 55-page ruling, which was issued just a few minutes ago. (This email is not confidential, and you may forward it.)
Judge Rodgers’s decision is a thoughtful review of the evidence. Her conclusion, found on page 55, is that the CRMC decision, denying Champlin’s application in its entirety, was “rational, logical, and supported by substantial evidence.”
You will recall that Champlin’s filed its original application to expand its marina in May of 2003. After the (most recent) CRMC decision in 2011, denying the application, Champlin’s had a legal right to appeal to the Superior Court under the “Administrative Procedures Act,” (APA), which it did. Importantly, the legal standard that the Superior Court uses in such an APA appeal is very, very deferential to the decision made by CRMC.
