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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 |
|---|---|---|---|
| 112-6-05 | 10/18/2005 | Three Church Street Expansion Permit (Appeal of Hummel) |
In order for a DRB properly to take action on an application, it must warn the hearing so as to sufficiently inform the public of the subject matter of the hearing. In re Torres, 154 Vt. 233, 236 (1990). When a DRB warns for design review... |
| 113-7-03 | 10/17/2005 | Appeal of Penmar Farm (Application of R.E. Tucker, Inc.) |
Where an applicant is operating and is entitled to continue operating a sand and gravel extraction operation under its existing local zoning and Act 250 permits, the appropriate analysis for an appeal of a conditional use approval of changes in... |
| 114-5-02 | 12/26/2002 | Appeal of McEwing Services, LLC |
Deemed approval is a remedy only for deliberate or negligent inaction on the part of zoning officials and for indecision and protracted deliberations on the part of zoning boards. It is disfavored, especially if it would operate to grant a permit... |
| 114-6-00 | 9/25/2000 | In re: Appeal of George and Carole Trickett |
An appeal to a ZBA that is untimely filed deprives the ZBA of jurisdiction to act on the merits of the appeal and thus deprives the Environmental Court of deciding on an appeal from the ZBA. |
| 114-6-04 | 5/11/2005 | Appeal of Bone Mountain, LLC |
Neither the DRB nor the Environmental Court, sitting in the place of the DRB, may disregard the requirements of the Zoning Ordinance. |
| 114-6-05 | 10/5/2006 | In re Hartwell and Egri Variance Appeal |
Applicants appeal DRB denial of variance. In order to qualify for a variance the applicant must meet five criteria. The court held that the applicant did not meet all five, therefore cannot get variance for setback requirement of the zoning... |
| 114-7-01, 167-10-01 | 2/15/2002 | Town of Fairlee v Amy L. Record & In re: Appeal of |
Where a property owner, who charges people to hunt animals on her property, allows the hunters to purchase a “time share” of the property while staying there, and whose use is classified as commercial, the property owner cannot transform a... |
| 116-5-02 | 9/16/2002 | Appeal of Lussier and Noe |
An assertion by a party that the DRB failed to make adequate findings on at least two of the standards required for conditional use approval, in an on-the-record appeal, is an assertion that the decision violates the zoning ordinance. (b) In an... |
| 116-6-05 | 6/30/2006 | Northern Acres, LLC |
Developer appealed Planning Commission decision denying a sketch plan request to expand an existing planned residential development ("PRD") by further subdividing land previously designated common land. The issue before the court is whether the... |
| 116-7-97 Vtec | 25-May-98 | In re: Appeal of Ronald Tenney |
A dispute involving the location of a “right-of-way” between applicant and the State is beyond the jurisdiction of the E Court. |
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