Sams v. Dep't of Envtl. Prot.Annotate this Case
Plaintiffs installed a gabion seawall on their property to mitigate the effects of erosion. Plaintiffs did not seek approval from the town or the department of environmental protection (department) before constructing the seawall. The town subsequently issued a cease and desist order to Plaintiffs, and the department issued a notice of violation to Plaintiffs. Plaintiffs submitted a permit application to the department attempting to obtain permission to retain the seawall. The department denied the application and ordered Plaintiffs to remove the seawall. Plaintiffs challenged the removal order. A department hearing officer determined that the department properly exercised jurisdiction and that the department had the authority to order the wall to be removed. The trial court affirmed. The Supreme Court affirmed, holding (1) the department properly asserted jurisdiction over the seawall; (2) the department properly asserted jurisdiction under the Coastal Management Act; (3) substantial evidence supported the department's findings and conclusions; and (4) the hearing officer's decision to order the removal of the entire seawall was not an abuse of discretion.