Environmental Court of Vermont State of Vermont =========================================================================== E N T R Y R E G A R D I N G M O T I O N =========================================================================== JLD Prop. Wal*Mart Act 250 LU Permit (Altered), Docket No. 116-6-08 Vtec Project: Wal-Mart St. Albans Applicant: JLD Properties (Appeal from a determination by the District #7 Environmental Commission) Title: Motion for Protective Order, No. 1 Filed: September 15, 2008 Filed By: John H. Hasen, Attorney for NRB Land Use Panel. Response filed on 09/25/08 by Appellant VNRC. _X_ Granted ___ Denied ___ Other ___ Scheduled for hearing on: _________ at ________; Time Allotted ________ For all the reasons more specifically provided in the Entry Order concerning NRB’s motion to dismiss Appellant’s Question 1, this Entry Order is hereby issued to protect and prohibit all parties from making discovery requests that are not relevant to the remaining issues that have been preserved for our review by the pending Statements of Questions. This Order shall not prohibit discovery requests seeking information that may not be admissible under the Vermont Rules of Evidence, so long as such discovery requests “appear[] reasonably calculated to lead to the discovery of admissible evidence.” V.R.C.P. 26(a)(1). This protective order is specifically issued to prohibit the solicitation from the District #7 Commission Chair of responses to any discovery requests not germane to the Questions remaining in Appellants’ Statement of Questions, as such discovery has not been shown to be relevant to the issues preserved for our review in this appeal. Such discovery is therefore not to be had. V.R.C.P. 26(c)(1). ___________________________________________ __October 10, 2008_____ Thomas S. Durkin, Judge Date =========================================================================== Date copies sent to: ____________ Clerk's Initials _______ Copies sent to: (See attached service list) Attorney Jon Groveman for Appellant Vt. Natural Resources Council Attorney Jon Groveman for Appellant NW Cit. for Responsible Growth Attorney Jon Groveman for Appellant Marie Frey Attorney Jon Groveman for Appellant Richard Hudak Co-Counsel for Appellant Robert M. Hartwell Attorney Stewart H. McConaughy for Appellee JLD Properties Co-Counsel for Appellee Robert F. O'Neill Attorney David A. Barra for Interested Person Town of St. Albans Attorney Brian S. Dunkiel for Cross Appellant City of St. Albans Attorney Jon T. Anderson for Cross Appellant Commons Associates Attorney John H. Hasen for Natural Resources Board Land Use Panel Attorney Judith L. Dillon for Cross Appellant Agency of Natural Resources Attorney Trevor R. Lewis for the Vt. Agency of Transportation Attorney Mark L. Lucas for Natural Resource Board Water Resources Panel, (FYI purposes only)