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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 |
|---|---|---|---|
| 118-5-02 | 10/11/2002 | Appeal of Anthony Lapinsky and Colleen Smith |
When deciding to issue a permit under a zoning ordinance that states that “no zoning permit shall be issued until all necessary state approvals have been obtained…” a zoning administrator cannot issue a permit until all state permits have been... |
| 118-7-03, 24-2-03 | 4/4/2005 | Appeal of Noble |
A development of multiple house sites on a single parcel, intended for development as a land condominium, is treated as a subdivision under §503 of the Village of Essex Junction Land Development Code regardless of whether the lots are to be... |
| 118-8-01 | 5/3/2002 | In re: Appeal of Jolley Associates |
The canopy does not qualify as an accessory structure to the building housing the convenience store and restaurant. The canopy is neither incidental to nor subordinate to the principal use of the structure as a convenience store and restaurant.... |
| 118-8-01 | 11/7/2002 | In re: Appeal of Jolley Associates |
A further memorandum, a memorandum filed in response to a reply which was filed in response to an objection to a motion to reconsider, is not provided for under the rules of procedure, and the Court is not obligated to consider it. Generally,... |
| 118-81-01 | 1/9/2004 | In re: Appeal of Jolley Associates |
Following remand from Vermont Supreme Court in In re Handy and In re Jolley Associates, 171 Vt. 336 (2000), a bifurcated ruling was made as to whether the conditional use application was validly brought, and subsequently, a ruling on the merits... |
| 120-6-00 | 4/19/2001 | In re: Appeal of Thaddeus R. Lorentz and David H. Nelson |
The Planning Commission, and the Environmental Court upon appeal, has the authority if the Zoning Ordinance gives that authority to the Planning Commission, and hence this Court in this appeal, to impose conditions beyond the minimum standards... |
| 120-6-00 | 4/22/2002 | Appeal of Thaddeus Lorentz and David H. Nelson |
Under Burlington’s Zoning Ordinance, conditions may only be imposed on a permit approval for an allowed use in an Enterprise zone if those conditions are made necessary by considerations under Design Review or Site Plan Review requirements. |
| 120-6-05 | 11/28/2005 | In re Hartland Group, LLC |
As explained in Appeal of Rivers Development, LLC, Docket No. 7-1-05 Vtec (Vt. Envtl. Ct., April 8, 2005), the Environmental Court is directed to consolidate and coordinate proceedings to "promote expeditious and fair proceedings and avoid... |
| 120-7-97 Vtec | 15-Dec-98 | In Re: Appeal of David and Sally Conrad, et al. |
Statute provides for appeal from any decision of Planning Commission, including appeal from preliminary plat approval and again on appeal from final plat approval. Court cannot make its decision on preliminary plat approval binding on planning... |
| 121-6-00 | 12/18/2000 | In re: Appeal of Ben Kernan |
Nothing in the "exclusivity of remedy" provisions of 24 V.S.A. §4472 requires an interested person to have participated in the process of the decision appealed from. An appeal to court from a decision of a municipal zoning board or planning... |
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