Bailey v. Dep’t of Marine Res.

Brian Bailey filed a Me. R. Civ. P. 80C appeal from a decision of the Maine Department of Marine Resources (DMR) setting Bailey’s 2014 elver fishing quota at four pounds. The basis for the quota was confirmed on March 31, 2014 by issuance of a 2014 elver transaction card. No appeal was filed within thirty days after Bailey’s receipt of the 2014 elver transaction card. After the close of the 2014 elver season on May 31, 2014, Bailey filed this appeal on July 10, 2014. The superior court dismissed the appeal. The Supreme Judicial Court affirmed, holding (1) the issues in this case present an exception to the jurisprudence that would ordinarily require the Court to dismiss this appeal for mootness; and (2) DMR’s issuance of Bailey’s 2014 elver transaction card constituted a final agency action, and therefore, Bailey’s appeal was not timely filed. View "Bailey v. Dep’t of Marine Res." on Justia Law