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Vermont Superior Court

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Dunmore Acres, 97-05-07 Vtec (2007)
Vermont Superior Court Filed: Oct. 04, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Dunmore Acres } Docket No. 97-5-07 Vtec (Appeal of Pitkin, et. al.) } } Judgment Order This appeal was taken by a number of neighbors1 who were concerned about the planned sale of “Dunmore Acres,” a/k/a “Camp Dunmore” to Stacey Cutliff and her operating company, Camp Sagebrook, LLC, (hereinafter collectively referred to as “Camp Sagebrook”) with the intention of operating a summer residential camp for girls in the approximate age range of seven to...

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Boutin PRD Amendment, 93-04-06 Vtec (2007)
Vermont Superior Court Filed: May 18, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Boutin PRD Amendment } Docket No. 93-4-06 Vtec (Appeal of Boutin) } } Decision and Order on Motion for Reconsideration Appellant-Applicants Steve and Courtney Boutin appealed from a decision of the Development Review Board (DRB) of the Town of Fletcher denying their application to amend a Planned Residential Development (PRD). Appellant-Applicants are represented by Jon T. Anderson, Esq.; Interested Person John Koval represents himself; and the Town...

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Boutin PRD Amendment, 93-04-06 Vtec (2007)
Vermont Superior Court Filed: Feb. 12, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Boutin PRD Amendment } Docket No. 93-4-06 Vtec (Appeal of Boutin) } } Decision and Order on Motions for Summary Judgment and Partial Summary Judgment Appellant-Applicants Steve and Courtney Boutin appealed from a decision of the Development Review Board (DRB) of the Town of Fletcher dated March 8, 2006, denying their application to amend a Planned Residential Development (PRD). Appellant- Applicants are represented by Jon T. Anderson, Esq.;...

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Woodchip Power Plant A250 JO 2-234, 91-04-06 Vtec (2007)
Vermont Superior Court Filed: Jan. 30, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } Woodchip Power Plant Appeal } Docket No. 91-4-06 Vtec (Act 250 Jurisdictional Opinion #2-234) } } Decision and Order Appellant Access Ludlow Clean Energy, LLC (“Appellant”), as proponent of a proposed woodchip-burning electric generation plant, appealed from a Jurisdiction Opinion of the District Coordinator for the District 2 Environmental Commission dated February 16, 2006, determining that Appellant’s proposed energy plant in the Town of Ludlow will...

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Forrest Variance Application, 9-01-07 Vtec (2007)
Vermont Superior Court Filed: Sep. 25, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Forrest appeal and variance application } Docket No. 9-1-07 Vtec (Appeal of Forrest) } } Decision and Order on Cross-Motions for Summary Judgment Appellant-Applicants Elizabeth and Raymond Forrest appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Plymouth denying their application for a variance, including the denial of their argument that they are entitled to expand the existing building under §4.10.1 of the Zoning...

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Entergy Nuclear/Vt Yankee Thermal Discharge Permit Amendment, 89-04-06 Vtec (2007)
Vermont Superior Court Filed: Jun. 06, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Entergy Nuclear/ Vermont Yankee } Thermal Discharge permit amendment } Docket No. 89-4-06 Vtec (Appeal of Connecticut River Watershed Council, } Trout Unlimited (Deerfield/Millers 349 Ch.), } and Citizens Awareness Network) } (Appeal of New England Coalition } on Nuclear Pollution) } (Cross-Appeal of Entergy Nuclear } Vermont Yankee, LLC) } } Decision and Order on Renewed Motion for Stay Appellants Connecticut River Watershed Council, Trout...

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Entergy Nuclear/Vt Yankee Thermal Discharge Permit Amendment, 89-04-06 Vtec (2007)
Vermont Superior Court Filed: Jun. 06, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Entergy Nuclear/ Vermont Yankee } Thermal Discharge permit amendment } Docket No. 89-4-06 Vtec (Appeal of Connecticut River Watershed Council, } Trout Unlimited (Deerfield/Millers 349 Ch.), } and Citizens Awareness Network) } (Appeal of New England Coalition } on Nuclear Pollution) } (Cross-Appeal of Entergy Nuclear } Vermont Yankee, LLC) } } Decision and Order on Pending Motions other than Motion for Renewed Stay Appellants Connecticut River...

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Entergy Nuclear/Vermont Yankee thermal Discharge Permit Amendment, 89-04-06 Vtec (2007)
Vermont Superior Court Filed: Jun. 19, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Entergy Nuclear/ Vermont Yankee } Thermal Discharge permit amendment } Docket No. 89-4-06 Vtec (Appeal of Connecticut River Watershed Council, } Trout Unlimited (Deerfield/Millers 349 Ch.), } and Citizens Awareness Network) } (Appeal of New England Coalition } on Nuclear Pollution) } (Cross-Appeal of Entergy Nuclear } Vermont Yankee, LLC) } } Decision and Order on Motions for Interlocutory Appeal as to Standard of Review and as to Issuance of Stay...

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Entergy Nuclear/Vermont Yankee thermal Discharge Permit Amendment, 89-04-06 Vtec (2007)
Vermont Superior Court Filed: Jun. 19, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Entergy Nuclear/ Vermont Yankee } Thermal Discharge permit amendment } Docket No. 89-4-06 Vtec (Appeal of Connecticut River Watershed Council, } Trout Unlimited (Deerfield/Millers 349 Ch.), } and Citizens Awareness Network) } (Appeal of New England Coalition } on Nuclear Pollution) } (Cross-Appeal of Entergy Nuclear } Vermont Yankee, LLC) } } Decision and Order on NECNP’s Motion for Summary Disposition and Remand, and on Entergy’s Motion for...

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Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment, 89-04-06 Vtec (2007)
Vermont Superior Court Filed: Jan. 09, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Entergy Nuclear/ Vermont Yankee } Thermal Discharge Permit Amendment } Docket No. 89-4-06 Vtec (Appeal of Connecticut River Watershed Council, } Trout Unlimited (Deerfield/Millers 349 Ch.), } and Citizens Awareness Network) } (Appeal of New England Coalition } on Nuclear Pollution) } (Cross-Appeal of Entergy Nuclear } Vermont Yankee, LLC) } } Decision and Order on Pending Motions Appellants Connecticut River Watershed Council, Trout Unlimited (...

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Dover Valley Trail JO 2-233, 88-04-06 Vtec (2007)
Vermont Superior Court Filed: Jan. 16, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } Dover Valley Trail } Docket No. 88-4-06 Vtec (Appeal of JO #2-233) } } Decision on Cross-Motions for Summary Judgment This appeal concerns a bike and pedestrian path proposed jointly by the Town of Dover and the State of Vermont Agency of Transportation (VTrans). VTrans appealed from a decision of the Assistant District Coordinator of the District 2 Environmental Commission, dated March 22, 2006, denying VTrans’s request to reconsider and reverse her...

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Wood Zoning Permit Amendment, 81-04-07 Vtec (2007)
Vermont Superior Court Filed: Aug. 27, 2007

Environmental Court of Vermont AUG 2 7 2[][] Stat;e of Vermont VEFii\/|ONT ENTRY REGARDING MOTION Wood Zoning Permit Amendment Doc:ket No. 81-4-0' Vt;ec: Municipal ZBA Appeal from ZA Title: Motion for Summary Judgment., No. 3 Filed: July 20, 2007 Filed By: Ellis, W:i.lliam F., Attorney for: Appellee Tow'n of Hartford Response filed on 08/20/0' by Appellarit Marc: wood Obj action X_ Granted _ Denied _ Other In its motion to dismiss, the Town of Hartf`ord (“Town”) first seeks dismissal of Mr....

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Chandler Repair & Home Industry, 79-04-07 Vtec (2007)
Vermont Superior Court Filed: Dec. 18, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Chandler repair and home industry } application } Docket No. 79-4-07 Vtec (Appeal of Charles Chandler) } } Decision and Order on Pending Motions Appellant Charles Chandler appealed from a decision of the Development Review Board (DRB) of the Town of Newfane, denying his appeal of the Zoning Administrator’s denial of his permit application. Appellant has appeared and represents himself; the Town is represented by Samuel H. Angell, Esq. Appeal Caption...

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Chandler Repair and Home Industry Application, 79-04-07 Vtec (2007)
Vermont Superior Court Filed: Jul. 27, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } } In re: } Chandler Repair and Home Industry Application } Docket No: 79-4-07 Vtec (Appeal of Chandler) } } Decision and Order on Motion for Reconsideration of Dismissal Order Appellant Charles Chandler appealed from a decision of the Development Review Board (DRB) of the Town of Newfane issued on April 10, 2007. Appellant represents himself; the Town of Newfane is represented by Samuel Hunt Angell, Esq. Appellant has moved for reconsideration of the Court’...

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Burkett 2-Lot Subdivision, 75-04-06 Vtec (2007)
Vermont Superior Court Filed: Jan. 09, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } Burkett 2-Lot Subdivision } Docket No. 75-4-06 Vtec (Appeal of Smith) } } Decision and Order on Motion to Dismiss Dennis Smith appealed from a decision of the Town of Wallingford (“Town”) Planning Commission dated March 13, 2006, denying an appeal of the Town Zoning Administrator’s February 22, 2006 decision to grant a permit for a two-lot subdivision of land owned by Applicants George and Jill Burkett. Mr. Smith also seeks to appeal from the Zoning...

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Town of Waterbury v. Neville, 73-04-06 Vtec (2007)
Vermont Superior Court Filed: Feb. 01, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } Town of Waterbury } } v. } Docket No. 73-4-06 Vtec } John Neville } } Decision on Cross-Motions for Summary Judgment The Town of Waterbury (Town) filed this enforcement action against Defendant John Neville, alleging that Mr. Neville was allowing “junkyard-like” activity to occur on his property at 145 Loomis Hill Road in violation of the Town Zoning Regulations. The Town is represented by Will S. Baker, Esq. and Mr. Neville is represented by Christopher J....

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Valois Accessory Use Permit, 7-1-06 Vtec (2007)
Vermont Superior Court Filed: May 05, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of Paul Valois - } Docket No. 7-1-06 Vtec Private Landing Strip } } Decision and Order Appellant-Applicant Paul Valois appealed from a decision of the Zoning Board of Adjustment of the Town of Addison, upholding the Zoning Administrator’s denial of his application for a zoning permit for a private airplane landing strip on his residential property as an accessory use. Appellant-Applicant is represented by Marsha Smith Meekins, Esq.; Appellee...

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Morris 7-Lot Subdivision, 71-04-07 Vtec (2007)
Vermont Superior Court Filed: Nov. 26, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } In re: Morris 7-Lot Subdivision } Docket No. 71-4-07 Vtec (Appeal of Kelley) } } Decision and Order on Cross-Motions for Summary Judgment Appellants Evelyn Kennedy Kelley and the Evelyn Kennedy Kelley Trust appealed from a decision of the Planning Commission of the Town of Fayston, granting site plan approval to Appellee-Applicants Robin and Jennifer Morris (Applicants) for a seven-lot subdivision. Appellants are represented by John G. Hutton, Jr., Esq.;...

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Appeal of Rivers Development, LLC, 7-01-05 Vtec (2007)
Vermont Superior Court Filed: Jul. 03, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } Appeal of Rivers Development, LLC } Docket No. 7-1-05 Vtec Rivers Development Act 250 Land Use } Application } Docket No. 68-3-07 Vtec } Decision on Motions Related to Party Status & Consolidation These appeals arise out of Rivers Development, LLC’s (Rivers) applications to develop and operate a rock quarry and crushed rock processing facility on a 93± acre parcel in the Town of Moretown. In Docket No. 7-1-05 Vtec, Rivers appealed a decision of the Town of...

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Appeal of Bren, 68-04-04 Vtec (2007)
Vermont Superior Court Filed: Sep. 25, 2007

STATE OF VERMONT ENVIRONMENTAL COURT } Appeal of Bren } Docket No. 68-4-04 Vtec } } Decision on Pending Motions Appellant Robin Bren appealed from a decision of the Town of Warren Development Review Board (“DRB”) dated March 17, 2004,1 approving Appellee-Applicants Paul and Victoria Eardensohns’ application for a four-lot subdivision located at the corner of German Flats Road and Sugarbush Woods Road in the Vacation Residential district. Appellant is represented by Lauren S. Kolitch, Esq.;...

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