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Environmental Cases
Burak Anderson & Melloni, PLC maintains a searchable database of summaries of Vermont Environmental Court decisions from August 1991 to November 2006. The database contains the case caption, date of decision, docket number, and a brief summary. You may search the database for a specific case if you know the name of a case, docket number, or by keyword. Enter a search term and press Submit.
| Docket # | Date | Caption | Case Summary |
|---|---|---|---|
| 10-1-97 Vtec | 11/29/1999 | In Re: Appeal of Shirley A. Wagner, et al. |
A motion to vacate the Court’s clarification entry order is denied. The Court determined that 24 V.S.A. 4464(a) and 4472(d) fail to preclude original order, and that the clarification order did not amend the merits of the decision,... |
| 10-1-98 Vtec | 4/12/1999 | In Re Appeal of: Jeff Sullivan |
Appellant's attorney's letter stating that appellant "wishes to withdraw his application" did not unilaterally "negate" the ZBA's issuance of the permit, but the letter was effective as an application to the ZBA to vacate the permit. If... |
| 10-1-98 Vtec | 4/13/1999 | In Re: Appeal of Jeff Sullivan |
Nothing in 24 VSA §§ 4444, 4445 or 4470(c) authorizes injunctive relief or prospective penalties for violations that have not yet occurred and that may never occur. A new notice of violation is a prerequisite to any enforcement action under §... |
| 10-1-98 Vtec, 52-3-98 Vtec | 5/28/1999 | In re Appeal of Jeff Sullivan |
TThe Town of Windsor and Appellant requested clarification of a previous Court Order regarding the scope of preexisting nonconforming use. The Court referred to the Appellant’s previous 1995 permit and 1996 Certificate of Occupancy to guide... |
| 100-5-00 | 7/16/2001 | Town of Elmore v Harland and Lynette Manning |
Though failure to appeal a Notice of Violation to the ZBA or to the Environmental Court precludes a party from raising any issues involved in the Notice of Violation in a later appeal, the Court can take the circumstances of the violation in... |
| 100-5-02 | 1/21/2003 | Appeal of Doyle, et al |
In an on-the-record review of the granting of a conditional use permit the Court must determine if substantial evidence exists in the record as a whole from which the factual findings of the DRB might reasonably be inferred. Failure of DRB to... |
| 100-6-98 Vtec | 7/28/1999 | In Re: Appeal of Persis Corporation |
Town zoning regulations do not allow for expansion to pre-existing non-complying structure. Thus, any expansion of non-complying structure would require a variance, regardless of whether the use is allowed as a permitted or conditional use in... |
| 101-6-04 | 7/6/2004 | Secretary, Vermont Agency of Natural Resources, Plaintiff, v. John R. Wellman, Respondent |
ANR suspected Defendant of placing fill in a Class II wetland on his property in Guilford. The first visit was made after an anonymous tip, then was followed up by a visit from a Wetlands Ecologist resulting in the issuance of a Notice of... |
| 101-6-97 Vtec | 27-Aug-98 | In Re Appeal of: Malcolm Hodges |
Nothing in zoning regulations requires owner occupancy for approval of a two-family dwelling. The proposed two-family dwelling, including the attached garage and apartment, will not adversely affect the character of the area. If the apartment... |
| 101-6-98 Vtec | 1/4/1999 | In Re: Appeal of Leona McWayne |
The 1991 subdivision permit and its conditions cannot now be challenged, as the permit was not appealed. Therefore, even through the definition of "lot" as contiguous land means that Lot 1 would have qualified as three existing lots because it... |
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