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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 |
|---|---|---|---|
| 106-7-99, 112-7-99, 114-7-99 | 5/10/2000 | Town of St. Albans v. Richard Deso and Suzanne Deso, In re: Appeals of Richard Deso and Suzanne Deso |
Because the abutting property owner did not own the Deso lot when the Zoning Bylaws went into effect, and because no evidence was presented that the Deso lot was being used for mobile home display and sales or for motor vehicle and equipment... |
| 107-5-02, 66-3-02, 117-5-02, 158-7-02 | 5/26/2005 | City of South Burlington |
Where Notices of Violation describe land not yet developed as street addresses, with no such registered street address at one location and as the administrative office at the other, rather than as parcels identified on a plat or map, the Notices... |
| 107-6-98 Vtec, 241-12-98 Vtec | 8/2/1999 | In Re: Appeal of Nancy Lemieux and William Metzler |
Since use was intended to change from one permitted use to a different permitted use and both the alterations and change of use constitute “land development,” applicants’ proposal required a permit. Only conditional use permit examines whether... |
| 109-5-02 | 7/16/2002 | Appeal of ATC Realty, Inc. and Spectrum Resources Towers, L.P. |
When a permit application is deemed incomplete by a Planning Commission and the zoning ordinances change after that determination, the applicant must timely appeal that determination of incompleteness in order to preserve her rights to permit... |
| 109-6-98 Vtec | 1/4/1999 | In Re: Appeal of Heilmann, Ekman & Associates, Inc. |
Appellant's motion for summary judgment granted in part because the permit and site plan permitted the freestanding sign to be placed 15 feet from the "property line" on the Union St. side. This requirement of the permit cannot be varied by any... |
| 109-7-97 Vtec | 2/1/1999 | In Re: Appeal of Vermont Institute of Natural Science |
After an applicant's application has been adjudicated at the ZBA level and an appeal taken to the Environmental Court, the applicant no longer has the authority unilaterally to withdraw the application (regardless of whether a cross-appeal has... |
| 109-7-99, 117-7-99, 129-7-99 | 7/14/2000 | Town of St. Albans v. John E. McCracken and Marguerite A. McCracken, In re: Appeals of John E. McCracken and Marguerite A. McCracken |
The non-conforming use provisions of the statute, 24 V.S.A. §4408, provide a balance between the landowner’s right to continue a pre-existing use of the land, and the public interest in regulating those uses as evinced by the properly-adopted... |
| 11-1-04, 12-1-04 | 9/16/2004 | Appeals of Schneeberger |
Appellants contest the granting of site plan approval to the Colonel Williams Inn for the use of a barn for weddings and gatherings. The Marlboro ZBA decided the proposal needed conditional use approval, which was not contended and became final... |
| 110-5-06 | 9/25/2006 | Appeal of Post |
Appeal of Planning Commission granting final plan approval. Applicant filed a motion to dismiss for lack of standing. An appeal may be brought by an interested person who has participated in the regulatory proceedings that resulted in the... |
| 110-6-03 | 8/8/2005 | Appeal of Albert, et al |
Where a municipal ordinance does not adopt criteria of the state's land use law, Act 250 (10 V.S.A. Ch. 151), the fact that the project has received an Act 250 permit is not dispositive of the analysis under the municipal ordinances and plan.... |
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