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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 |
|---|---|---|---|
| 101-6-99 | 2/16/2000 | In re Appeal of Raymond Lovell |
(a) The state zoning enabling act allows municipalities to adopt and amend five types of bylaws: zoning regulations, subdivision regulations, an official map, shoreland bylaws, and flood hazard bylaws. 24 V.S.A. §4401(b). (b) If the zoning... |
| 101-7-01 | 10/15/2001 | In re: Appeal of Edward Stanak and Joelen Mulvaney |
In a challenge to standing where the property owners who appealed are 400 feet away from the proposed project, and there is a requirement, under §4464(b)(3), that to have standing parties must be in the “immediate neighborhood," the only sensible... |
| 101-7-01 | 2/28/2002 | In re: Appeal of Edward Stanak and Joellen Mulvaney |
Antenna panels [wireless communication transmitters] are not customarily incidental to publicly-owned elderly housing projects, nor is the antenna panel use subordinate to the use as a publicly-owned elderly housing project, and are not... |
| 102-5-02 | 9/25/2002 | Secretary, Vermont Agency of Natural Resources v. Don Weston |
For a civil penalty to withstand constitutional scrutiny, it must be basically remedial in effect, rather than punitive. The methodology inherent in the statute and applied by this Court is to remove the economic benefit gained from the violation... |
| 104-5-02 | 12/5/2002 | Appeal of Robert and Donna Kendall |
To determine whether a particular period of time represents deliberate or negligent inaction on the part of a zoning administrative officer in a case asserting a “deemed approval” remedy depends upon a determination of the zoning administrator’s... |
| 104-5-02 | 2/28/2003 | Appeal of Robert and Donna Kendall |
Appellants contest denial of application for a variance by Brookfield ZBA alleging that the application should be deemed to have been approved pursuant to 24 V.S.A. §4464 allowing municipalities to develop guidelines for administrative review of... |
| 104-6-03 | 2/23/2005 | Appeal of George and Pamela Rice |
Appellant-Applicants seek to connected two preexisting structures, a house and detached garage, with a covered walkway. Primary structures must be set back 25’, accessory structures need to be set back only 15’; both structures are individually... |
| 105-5-00 | 12/7/2000 | In re: Appeal of Bruce and Marianne Dubuque |
When there are no criteria in the Zoning Bylaws for two-lot subdivisions, the zoning administrator would only be authorized to deny a permit for a two-lot subdivision if the grant of the permit would cause or create a violation of the other... |
| 105-6-04, 119-7-04 | 11/29/2004 | Appeals of Madden |
Following earlier rulings by the Court, State moves to dismiss for failure to state a claim, which is denied. Appellant moves for summary judgment on whether the appeal only applies to the amendment application and not to the originally approved... |
| 105-6-98 Vtec, 106-6-98 Vtec | 3/1/1999 | In Re: Appeals of Robert W. Wimble and Carl R. Wimble |
Inadequacy of evidence presented to the municipal bodies does not deprive the Environmental Court of jurisdiction to consider the application. Court has authority to do whatever ZBA and planning commission could have done with applications and... |
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