STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 98-8-15 Vtec ANR v Supeno, Supeno & Ernst ENTRY REGARDING MOTION Count 1, ANR Enfc.Administrative Order (98-8-15 Vtec) Count 2, ANR Enfc.Administrative Order (98-8-15 Vtec) Count 3, ANR Enfc.Administrative Order (98-8-15 Vtec) Title: Motion to Strike Interrogatories 19 & 20 (Motion 2) Filer: Agency of Natural Resources Attorney: John S. Zaikowski Filed Date: November 30, 2015 Response filed on 12/09/2015 by Attorney David E. Bond...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 97-8-16 Vtec Donald Gould, Plaintiff v. DECISION ON MOTION Town of Monkton Defendant Decision on Motion to Dismiss Plaintiff Donald Gould (Mr. Gould) filed his Declaratory Judgment Complaint on August 29, 2016 asking this Court to issue a declaratory judgment that Defendant Town of Monkton’s (Monkton or the Town) purported adoption of certain zoning documents is invalid and void ab initio. Defendant filed its motion to dismiss on...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 96-8-16 Vtec Laberge Shooting Range JO Decision on Motions Decision on Motion to Strike Untimely Notice of Appeal and Motion to Allow Untimely Appeal This matter comes before the Court on the Firing Range Neighborhood Group, LLC’s (“Neighborhood Group”) “Motion to Strike Untimely Notice of Appeal,” filed September 1, 2016, and Laberge & Sons, Inc.’s (“Laberge”) “Motion to Allow Untimely Appeal,” filed September 19, 2016....
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 96-7-12 Vtec Roger Rowe et al A250 Gravel Pit DECISION ON THE MERITS This matter relates to an existing gravel pit located off Furnace Road in Pittsford, Vermont. Roger and Erma Rowe obtained an Act 250 land use permit to operate the gravel pit in 1980 (Permit #1R0387). In 2001, Casella Construction, Inc. and the Rowes applied for and received an Act 250 permit amendment in order to enlarge the pit (Permit #1R0387-2)....
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Senecal Shoreline Permit #97 Docket No. 95-8-15 Vtec Senecal Shoreline Permit #98 Docket No. 96-8-15 Vtec Cert of Appropriateness 451 Appletree Point Docket No. 103-8-15 Vtec Rd. Cert of Appropriateness 465 Appletree Point Docket No. 104-8-15 Vtec Rd. ENTRY REGARDING MOTION Title: Oral Motion to Remand Filer: Larsen Land Trust Attorney: James A. Dumont Filed Date: March 21, 2016 No response filed The motion is GRANTED. All...
City of Burlington v. City of South Burlington., Nos. 937-9-14 Cncv, 1222-11-13 Cncv, 183-2-13 Cncv (Toor, J., March 3, 2016). [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.] VERMONT SUPERIOR COURT CHITTENDEN UNIT CIVIL DIVISION ¦ CITY OF BURLINGTON, ¦ Appellant ¦ ¦ v. ¦ Docket Nos. 937-9-14 Cncv ¦ 1222-11-13 Cncv...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Environmental Division Unit Docket No. 9-1-15 Vtec Churchview Estates LLC NOV ENTRY REGARDING MOTION Count 1, Municipal DRB Notice of Violation (9-1-15 Vtec) Title: Motion for Summary Judgment (Motion 2) Filer: Town of Williston Attorney: Paul S. Gillies Filed Date: August 26, 2015 Statement of Material Facts filed in response The motion is DENIED. In this matter, Respondent Churchview Estates, LLC appeals a notice of violation from the...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 84-7-15 Vtec Costco Stormwater Permit Amendment ENTRY REGARDING MOTION Count 1, ANR Storm Water Permit (84-7-15 Vtec) Title: Motion for Summary Judgment (Motion 1) Filer: Agency of Natural Resources Attorney: Leslie A. Welts Filed Date: March 2, 2016 Response filed on 03/25/2016 by Attorney Jon T. Anderson for Appellant R.L. Vallee, Inc. Opposition Response filed on 04/22/2016 by Attorney Leslie A. Welts for...
Watson v. The Village at Northshore I Ass’n, Inc., No. 835-8-13 Cncv (Toor, J., Feb. 5, 2016). [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.] VERMONT SUPERIOR COURT CHITTENDEN UNIT CIVIL DIVISION ¦ ROY H.A. WATSON, III, ¦ Plaintiff ¦ ¦ v. ¦ Docket No. 835-8-13 Cncv ¦ THE VILLAGE AT NORTHSHORE I ¦ ASSOCIATION, INC., ¦...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 81-7-16 Vtec ANR v. Donald Shattuck DECISION ON MOTION This is an enforcement action by the Vermont Agency of Natural Resources (“ANR”) against Donald Shattuck (“Respondent”) for violations of Air Pollution Control Regulation § 5-201 and Solid Waste Management Rule § 6-302(a) related to an alleged illegal burn. ANR served an administrative order (“AO”) upon Respondent, which assessed a $2,500.00 penalty. Respondent, representing...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 81-7-15 Vtec Okemo Mtn. School Fitness Facility CU/SP ENTRY REGARDING MOTION Count 1, Municipal DRB Multiple Types OTR (81-7-15 Vtec) Title: Motion to Strike (Motion 4) Filer: Sports Odyssey, Inc., Joseph & Steven L. Rolka Attorney: David L. Grayck Filed Date: April 20, 2016 Response in Opposition filed on 05/02/2016 by Attorney Lawrence G. Slason for Appellee Okemo Mountain School Reply filed on 05/16/2016 by Attorney David L....
State of Vermont SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 81-7-15 Vtec - Okemo Mtn. School Fitness Facility CU/SP ENTRY REGARDING MOTION Count 1, Municipal DRB Multiple Types OTR (81-7-15 Vtec) Title: Motion Accept Appellants' Printed Case & Revised Brief (Motion 2) Filer: Sports Odyssey, Inc., Joseph & Steven L. Rolka Attorney: David L. Grayck Filed Date: January 29, 2016 No response filed The motion is GRANTED. Appellants filed their original brief on January 27, 2016. Two days later...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 81-7-15 Vtec Okemo Mtn. School Fitness Facility Conditional Use and Site Plan Approval DECISION ON THE MERITS Decision in On-the-Record Appeal In this on-the-record proceeding, Appellants Steve Rolka, Joseph Rolka, and Sports Odyssey, Inc. (“Appellants”) appeal a June 11, 2015 decision by the Town of Ludlow Development Review Board granting an application for a conditional use permit to Okemo Tutorial Program, Inc. d/b/a Okemo...
Whitaker v. Vermont Info. Tech. Leaders, Inc., No. 781-12-15 Wncv (Teachout, J., Oct. 28, 2016). [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 SUPERIOR COURT CIVIL DIVISION Washington Unit Docket No. 781-12-15 Wncv STEVEN WHITAKER Plaintiff v. VERMONT INFORMATION TECHNOLOGY LEADERS, INC. Defendant...
Paige v. State of Vermont Sec’y of State, No. 780-12-15 Wncv (Tomasi, J., Jan. 15, 2016). [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 SUPERIOR COURT CIVIL DIVISION Washington Unit Docket No. 780-12-15 Wncv H. Brooke Paige, Plaintiff v. State of Vermont, Secretary of State, Attorney General,...
Paige v. State, No. 780-12-15 Wncv (Tomasi, J., Jan. 15, 2016) [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 SUPERIOR COURT CIVIL DIVISION Washington Unit Docket No. 780-12-15 Wncv H. Brooke Paige, Plaintiff v. State of Vermont, Secretary of State, Attorney General, Defendants Entry Order on Motion...
Dept. of Taxes v. Giannoni, No. 755-9-16 Cncv (Mello, J., Nov. 9, 2016). [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 SUPERIOR COURT CIVIL DIVISION Chittenden Unit Docket No. 755-9-16 Cncv STATE OF VERMONT, DEPARTMENT OF TAXES, Plaintiff, v. CHARLES P. GIANNONI, Defendant. DECISION AND ORDER RE:...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 73-5-14 Vtec Hinesburg Hannaford Wetland Determination DECISION ON THE MERITS Martin’s Foods of South Burlington (Applicant) proposes to construct a 36,000-square- foot grocery store and 128-space parking lot (the Project) on Lot 15 of the Commerce Park subdivision in Hinesburg, Vermont (the Town). This Project is the subject of seven different municipal and state appeals currently before this Court. This decision...
Sambel Properties, LLC v. Baker, No. 720-11-15 Wncv (Tomasi, J., Jan. 19, 2016) [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 SUPERIOR COURT CIVIL DIVISION Washington Unit Docket No. 720-11-15 Wncv Sambel Properties, LLC, Plaintiff v. Elizabeth Baker, Defendant Opinion and Order on Defendant’s...
Carter v. Menard, No. 718-11-15 Wncv (Tomasi, J., April 13, 2016). [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.] VERMONT SUPERIOR COURT SUPERIOR COURT CIVIL DIVISION Washington Unit Docket No. 718-11-15 Wncv ¦ Bernard Carter, ¦ Plaintiff, ¦ ¦ v. ¦ ¦ Lisa Menard, Commissioner of the ¦ Vermont Department of...
