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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 |
|---|---|---|---|
| 110-6-03 | 3/21/2006 | Appeal of Albert, et al |
Motions for reconsideration on various findings in the decision are taking in turn, some being denied, some granted, based on mostly factual grounds. Motion to amend the statement of questions after the decision is denied: the Statement of... |
| 110-6-04, 44-2-05 | 11/29/2005 | Appeals of Harrison |
Where the Zoning Bylaws of the Town of Berkshire require that, within sixty days of "receiving a complete site plan application" the DRB shall "issue a written statement on the application" and provides that failure "to render a decision" shall... |
| 110-6-98 Vtec, 177-10-98 Vtec | 1/29/1999 | In re: Appeals of Vanderbilt MPD Corp. |
The only aspect of the 1998 work on the property that could potentially trigger major development review under town ordinance is the actual building renovations including the façade work and the changes to the roof drainage of the building. The... |
| 110-7-97 Vtec | 3/1/1999 | In Re: Appeal of Eldrege L. Bermingham and Pamela Bermingham |
Nothing in Vermont law pertaining to variances allows the ZBA to disregard any of the five variance criteria. Ruling is specifically without prejudice to appellee's applying to ZBA for a conditional use permit under 24 VSA § 4406(4)(D) to place... |
| 110-7-99 | 4/17/2001 | In re: Appeal of Casella Waste Management, Inc. and E.C. Crosby & Sons, Inc |
If parties disagree with the provisions of a zoning ordinance, their remedy is to seek amendment of the ordinance. The Environmental Court’s function is merely to interpret and apply that ordinance. |
| 110-7-99 | 6/15/2001 | In re: Appeal of Casella Waste Management, Inc. and E.C. Crosby & Sons, Inc. |
The issue of the effect of a proposal on property values in the vicinity is not limited to the effect on adjacent or neighboring properties, but rather to properties within the zone of interests capable of being affected by the proposal; the... |
| 110-8-99 | 3/16/2001 | In re: Appeal of Casella Waste Management, Inc. and E.C. Crosby & Sons, Inc. |
(a) An application for a variance would have to be made to the ZBA in the first instance and would not be considered by this Court until or unless the ZBA had ruled and that ruling had been appealed. The Court does not address the parties’... |
| 111-6-03 | 11/24/2003 | Appeal of John Galaske |
Appellant/Applicant contests the denial of his application to construct a Vermont Inspection Station within an existing repair garage on his residential property. The Zoning Administrator referred the application to the ZBA for site plan... |
| 111-7-97 Vtec | 6-May-98 | In Re: Appeal of Taryn Wilson and Jack McGowan, et al. |
Because it is the Planning Commission that must approve a master plan for a planned development in the first place and because the Quechee Lakes Master Plan provides a process for its amendment, it is within the authority of the Planning... |
| 111-7-97 Vtec | 12-Oct-98 | In Re: Appeal of Taryn Wilson and Jack McGowan, et al. |
Approval of a specific project will not be before the court unless an appeal is filed from a decision of the Planning Commission (or from a decision of the ZBA if any Zoning Administrator action on the project is made and is appealed to the ZBA... |
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