STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Kevin S. McCarthy } Docket No. 99-5-02 Vtec and Kathleen M. Ballou } } } } Decision and Order on Cross-Motions for Partial Summary Judgment Appellants Kevin S. McCarthy and Kathleen M. Ballou appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Village of Woodstock granting Appellees Robert and Marilyn Caulfield a permit to establish an art gallery as a home occupation at 11 The Green. Appellants are represented by Frank H....
Bergeron v. Boyle, No. S0990-99 CnC (Teachout, J., May 21, 2002) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the accompanying data included in the Vermont trial court opinion database is not guaranteed.] STATE OF VERMONT CHITTENDEN COUNTY, SS. ROBERT BERGERON and ) CECILE BERGERON ) ) v. ) Chittenden Superior Court ) Docket No. S 0990-99 CnC ) SIDNEY BOYLE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW This...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of French, et al. } } } Docket No. 98-7-01 Vtec } } Decision and Order Appellants Patrick L. French, Alex French, Patricia T. French, Thomas M. MacNair, Joyce MacNair, Mark DiStefano, Brent Burgee, Terry E. Burgee, Laura S. Morris, Larry Richburg, Virginia Richburg, Betty J. Maloney, Sherri M. Rosenberg, George C. Hegele IV, Annelides Falkenrath, and Mark Aaron appealed from a decision of the Development Review Board (DRB) of the Town of...
STATE OF VERMONT ENVIRONMENTAL COURT Vermont Environmental Board, Plaintiff } } v. } Docket No. 97-6-01 Vtec } Lawrence W. and Barbara Young, } Respondents. Decision and Order on Cross-Motions for Summary Judgment On June 14, 2001, the Environmental Board issued an administrative order pursuant to 10 V.S.A. ' 8008, asserting violations of Condition 5 of Respondents= Land Use Permit #6F0518-EB. Respondents requested a hearing in Environmental Court. Reference to > Respondent= in the singular...
STATE OF VERMONT ENVIRONMENTAL COURT Vermont Environmental Board, Plaintiff } } v. } Docket No. 97-6-01 Vtec } Lawrence W. and Barbara Young, } Respondents. Decision and Order on Motion to Amend On February 5, 2002, the Court issued its ruling on the merits of this matter, except for the alleged violation due to the use of the property by Respondent= s son Lawrence W. Young, Jr., on which the Court ruled material facts were in dispute. The Environmental Board has moved to alter the decision on...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Paul L. and } Catherine Handy } } Docket No. 96-6-01 Vtec } } Decision and Order on Pending Motions Appellants Paul L. and Catherine Handy appealed a decision of the Zoning Board of Adjustment (ZBA) of the Town of Shelburne, applying the amended zoning ordinance rather than the 1995 zoning ordinance to their application, upon remand of the application to the ZBA after decision by the Vermont Supreme Court in In re Handy and In re Jolley...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Paul L. and } Catherine Handy } } Docket No. 96-6-01 Vtec } } Decision and Order on AGood Faith@ Issue Appellants Paul L. and Catherine Handy appealed a decision of the Zoning Board of Adjustment (ZBA) of the Town of Shelburne, applying the amended zoning ordinance rather than the 1995 zoning ordinance to their application, upon remand of the application to the ZBA after decision by the Vermont Supreme Court in In re Handy and In re Jolley...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Paul L. and } Catherine Handy } } Docket No. 96-6-01 Vtec } } Memorandum of Decision Appellants Paul L. and Catherine Handy appealed a decision of the Zoning Board of Adjustment (ZBA) of the Town of Shelburne, issued after remand of the application to the ZBA after decision by the Vermont Supreme Court in In re Handy and In re Jolley Associates, 171 Vt. 336 (2000). Appellant-Applicants are represented by Douglas K. Riley, Esq.; the Town of...
STATE OF VERMONT ENVIRONMENTAL COURT Vermont Environmental Board, Plaintiff, } } v. } Docket No. 96-5-02 Vtec } Allen Road Land Company, Inc., } and John Larkin, Respondents. Decision and Order on Respondents= Motion On April 23, 2002, the Chair of the Vermont Environmental Board (the Board) issued an administrative order pursuant to 10 V.S.A. ' 8008 regarding Respondents, who timely requested a hearing in Environmental Court. The Environmental Board is represented by Thomas G. Walsh, Esq....
STATE OF VERMONT ENVIRONMENTAL COURT Vermont Environmental Board, Plaintiff, } } v. } Docket No. 96-5-02 Vtec } Allen Road Land Company, Inc., } and John Larkin, Respondents. Decision and Order on Motion to Dismiss John Larkin On April 23, 2002, the Chair of the Vermont Environmental Board issued an administrative order pursuant to 10 V.S.A. ' 8008 regarding Respondents, who timely requested a hearing in Environmental Court. The Administrative Order alleges violations of the hours of operation...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Goldschmid } } } Docket No. 91-6-01 Vtec } } Decision and Order Appellant Thomas Goldschmid appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Westminster granting Conditional Use Approval to Appellee-Applicant Flo Aeveia Magdalena, d/b/a Soul Support Systems, Inc. Appellant appeared and represented himself; other neighbors Carrie Gelfan, Michael Beh, David F. Walter, Frank Walter, Karen Walter, Marcia Wessels,...
STATE OF VERMONT ENVIRONMENTAL COURT Secretary, Vermont Agency of Natural Resources, Plaintiff, } } } Docket No. 85-5-97 Vtec v } } Richard F. Towns, Respondent. Decision and Order In an earlier case involving this respondent, Docket No. 162-10-96 Vtec, this Court had ruled that Respondent had violated 10 V.S.A. ' 6605(a) and the Solid Waste Regulations from January 1, 1980 to June 28, 1987, and had remanded the remedial order to the Agency of Natural Resources. In response to that remand, in...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Bennington } School, Inc., Matthew Merritt, III, } and Gerald Maxon } Docket No. 85-4-00 Vtec } } Decision and Order on Cross-Motions for Summary Judgment 1 2 Appellants Bennington School, Inc., Matthew Merritt, III , and Gerald Maxon appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Bennington, requiring them to apply for conditional use approval, rather than as a permitted use. Appellants are represented by...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Bennington } School, Inc. } } Docket No. 85-4-00 Vtec } } Decision and Order on Second Round of Cross-Motions for Summary Judgment Appellant Bennington School, Inc. appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Bennington, requiring it to apply for conditional use approval, rather than as a permitted use. Appellants are represented by Lon T. McClintock, Esq.; the Town is represented by Robert E. Woolmington,...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of J.D. Associates } } } Docket No. 83-5-99 Vtec } } Decision and Order Appellant appealed from a decision of the Development Review Board (DRB) of the Town of Morristown granting conditional use approval to Appellee-Applicant North Country Animal League for an animal shelter facility. This appeal is on the record, as the Town has adopted the necessary procedures and the DRB applied them to this decision. Appellant is represented by Harold...
STATE OF VERMONT ENVIRONMENTAL COURT Vermont Environmental Board, Plaintiff, } } } Docket No. 78-6-01 Vtec v } } Amy Record, Respondent Decision and Order On May 17, 2001, the Vermont Environmental Board issued an administrative order pursuant to 10 V.S.A. ' 8008 regarding Respondent, who timely requested a hearing in Environmental Court. Respondent is represented by David L. Grayck, Esq.; and the Environmental Board is represented by its General Counsel, John H. Hasen, Esq. On July 13, 2001,...
STATE OF VERMONT ENVIRONMENTAL COURT Town of Charlotte, Plaintiff v. } } Docket Nos. 77-4-00 Vtec and Carol Aube-Hinsdale, } 182-8-02 Vtec Defendant. } } & Appeal of Carol Aube-Hinsdale ` Decision and Order In Docket No. 77-4-00 Vtec, the Town brought an enforcement action for the conversion of Defendant= s house to three dwelling units without zoning approval. The enforcement action was put on hold for a considerable period of time while Mr. Clark Hinsdale III sought to obtain a parcel of land...
STATE OF VERMONT ENVIRONMENTAL COURT Town of Charlotte, Plaintiff, } } v } Docket No. 77-4-00 Vtec } Carol Aube-Hinsdale, Defendant. } Decision and Order on Plaintiff= s Motion for Summary Judgment This is an enforcement action by the Town of Charlotte against Defendant Carol Aube-Hinsdale, which was reopened when an anticipated settlement was not, in fact, filed. The Town is represented by Amanda S. E. Lafferty, Esq. Defendant now represents herself. The Town seeks judgment as a matter of law...
Gavin v. Blouin, No. S 771-11-00 Wncv (Teachout, J., Dec. 11, 2002) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the accompanying data included in the Vermont trial court opinion database is not guaranteed.] STATE OF VERMONT WASHINGTON COUNTY, SS. BEVERLY GAVIN and ) ROBERT GAVIN ) ) v. ) Washington Superior Court ) Docket No. S 771-11-00 Wncv ) JOYCE BLOUIN and ) ROGER BLOUIN ) FINDINGS OF FACT AND...
In Re: Anthony Pollina, No. 699-11-02 (Teachout, J., Nov. 5, 2002) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the accompanying data included in the Vermont trial court opinion database is not guaranteed.] STATE OF VERMONT WASHINGTON COUNTY, SS. ) In Re: Petition of ) Docket No. 699-11-02 Wncv ANTHONY POLLINA ) ) FINDINGS, CONCLUSIONS, AND ORDER This matter came before the court on a Petition of Anthony...
