STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 99-7-13 Vtec Creative Spirit Conditional Use & Site Plan Approval (After Remand) Decision on the Merits Applicant Sheila Bedi seeks conditional use and site plan approval to convert an existing single-family home, located at 154 West Fairlee Road in the Town of Thetford, Vermont, into a child daycare facility (“the Project”). The pending application has a somewhat long and tortured history that warrants some...
Grover v. Kilawatt Technologies, Inc., No. 993-9-14 Cncv (Toor, J., June 11, 2015). [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 ¦ PAUL E. GROVER ¦ Plaintiff ¦ ¦ v. ¦ Docket No. 993-9-14 Cncv ¦ ¦ KILAWATT TECHNOLOGIES INC., et al., ¦ Defendant ¦ ¦ RULING ON...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 97-7-14 Vtec Tilton Variance Application DECISION ON MOTION This matter concerns property and structures on Maidstone Lake Road in the Town of Maidstone, Vermont (the Property) owned by Larry and Deborah Tilton (the Tiltons). On April 10, 2014 the Tiltons applied for a variance to allow construction of a roof over an existing porch located partially within the required 25-foot setback from Maidstone Lake. The Tiltons...
Weatherly v. Gravel and Shea, PC, No. 977-9-11 Cncv (Toor, J., May 11, 2015). [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 ¦ CRAIG WEATHERLY ¦ Plaintiff ¦ ¦ v. ¦ Docket No. 977-9-11 Cncv ¦ ¦ GRAVEL AND SHEA PC ¦ Defendant ¦ ¦ RULING ON MOTIONS FOR SUMMARY...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 96-7-12 Vtec Roger Rowe et al A250 Gravel Pit DECISION ON MOTION Decision Regarding Proposed Grant of Summary Judgment This matter relates to an application to amend an Act 250 Land Use Permit to operate an existing gravel pit located off Furnace Road in Pittsford, Vermont. Neighbors of the property moved to dismiss the application, arguing it was barred by the parties’ prior agreement and Act 250 Rule 34(e). Now...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 96-7-12 Vtec Roger Rowe et al A250 Gravel Pit DECISION ON MOTION Decisions on Cross-Motions for Summary Judgment 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...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Environmental Division Unit Docket No. 94-8-15 Vtec Agency of Natural Resources, Petitioner v. DECISION ON THE MERITS Hugh McGee, Eileen McGee, Respondents The matter before the Court concerns Eileen and Hugh McGee’s alleged unpermitted filling of a Class II wetland on property located at 326 Smalley Road in the Town of Brandon, Vermont (the Property). On September 10, 2013, Patrick Lowkes, an Environmental Enforcement Officer for the...
Robinson v. Robinson, No. 93-2-14 Wncv (Teachout, J., June 26, 2015) [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 # 93-2-14 Wncv GREG ROBINSON, Plaintiff v. ASHLEY ROBINSON, Defendant FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER This matter...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 91-7-15 Vtec Camp Abnaki Sign ENTRY REGARDING MOTION AND JUDGMENT ORDER Title: Motion to Dismiss (Motion 1) Filer: Town of North Hero Attorney: Paul S. Gillies Filed Date: August 10, 2015 Response in opposition filed on 08/12/2015 by Brady Baker, Appellant The motion is GRANTED. This matter relates to Camp Abnaki’s newly erected sign at the intersection of South End Road and Abnaki Road in the town of North Hero,...
Phillips v. Daly, No. 913-9-14 Cncv (Toor, J., Feb. 27, 2015). [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 ¦ ERIK PHILLIPS, et al., ¦ Plaintiffs ¦ ¦ v. ¦ Docket No. 913-9-14 Cncv ¦ ¦ JEFFREY M. DALY, et al., ¦ Defendants ¦ ¦ RULING ON ISUZU DEFENDANTS’ MOTION...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 90-6-14 Vtec Susan Lee Living Trust Permit JUDGMENT ORDER (Landscaping) On December 30, 2014 the Court held a site visit at the subject property, 38 Deerfield Drive in the Town of Waitsfield, Vermont, and a subsequent half-day merits hearing in this matter at the Vermont Superior Court, Civil Division Courthouse in Montpelier, Vermont. Appellant Michael Smith and Applicant Susan Lee were present at the site visit and...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 89-6-14 Vtec Wellarkes VT, LLC DECISION ON THE MERITS The question presented in this appeal is whether Wellarkes VT, LLC (Applicant), the owner of 91 Catamount Drive in the Town of Leicester, Vermont, is entitled to a waiver for the placement of a screened-in porch within the front and side yard setbacks required by the Town of Leicester Zoning Bylaws (the Regulations). Applicant sought a waiver from the Town of...
Prouty v. Southwest Vermont Medical Center, No. 89-2-13 Bncv (Wesley, J., June 15, 2015). [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 Bennington Unit Docket No. 89-2-13 Bncv Prouty vs. Southwest Vermont Medical Center [Type a quote from the document or the summary of...
Gray v. Treder, No. 88-2-11 Wncv (Teachout, J., May 14, 2015) [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 # 88-2-11 Wncv MATTHEW GRAY and ERIK GRAY, Plaintiffs v. MARTHA TREDER, JOHN MUSCARELLE, ROBERT MUSCARELLE, JOSEPH MUSCARELLE, III, ANNE...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 97-7-14 Vtec Tilton Variance Application JUDGMENT ORDER This matter concerns property and structures on Maidstone Lake Road in the Town of Maidstone, Vermont (the Property) and the application by Larry and Deborah Tilton (the Tiltons) for a variance to allow construction of a roof over an existing porch located partially within the required 25-foot setback from Maidstone Lake. The Tiltons timely appealed the Town of...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 86-6-14 Vtec Mahan Conditional Use Application JUDGMENT ORDER The matter before the Court involves an application by Martha Mahan (Applicant) to convert a pre-existing, nonconforming commercial structure (the Structure) at 118 South Main Street in the Town of Northfield, Vermont (the Property) into offices for real estate management. The Town of Northfield Zoning Board of Adjustment (ZBA) denied the permit by...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 86-6-14 Vtec Mahan Conditional Use Application DECISION ON MOTION Decision on Motion for Summary Judgment This matter concerns property at 118 South Main Street in the Town of Northfield, Vermont (the Property). Landowner Martha Mahan (Applicant) seeks conditional use approval to convert a pre-existing, nonconforming commercial structure (the Structure) located on the Property in the Residential A Zoning District...
Taft-Blakely v. Reinhart Foodservice, LLC, No. 865-8-14 Cncv (Toor, J., May 11, 2015). [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 ¦ JOANN TAFT-BLAKELY ¦ Plaintiff ¦ ¦ v. ¦ Docket No. 865-8-14 Cncv ¦ ¦ REINHART FOODSERVICE, LLC, et al., ¦ Defendants ¦ ¦ RULING...
STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Vermont Unit Docket No. 85-6-14 Vtec Moore Property Use Complaint JUDGMENT ORDER The matter presently before the Court relates to approximately 10 acres of land formerly part of the Moore Family Farm (“the Farm”), located in the Town of Pomfret, Vermont (“the Town”). In 1973, the 10 acre parcel (“the Property”) was deeded to David Moore in his individual capacity for the purpose of operating a pipe organ construction and repair shop (“Organ...
Felis v. Downs Rachlin Martin, PLLC, No. 848-8-14 Cncv (Toor, J., Jan. 22, 2015). [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 ¦ KENNETH P. FELIS ¦ Plaintiff ¦ ¦ v. ¦ Docket No. 848-8-14 Cncv ¦ ¦ DOWNS RACHLIN MARTIN, PLLC, and ¦ GALLAGHER, FLYNN & COMPANY, LLP ¦...
