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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
121-6-00 11/7/2001 In re: Appeal of Ben Kernan

(a) When a Planning Commission sends copies of its agenda via first class mail and those copies are not returned as undeliverable, the recipients of the copies have received adequate notice of the proceedings. (b) If the Court, in a de novo...

121-6-05 4/13/2006 Rt 114 Gravel Pit Lyndon (Appeal of Lussier)

Motion to strike ANR expert testimony during motion for summary judgment is denied. Summary judgment is not a determination on the merits, but whether the uncontested sequence of events should result in permit approval by process of law....

121-7-03 5/19/2004 Appeal of Marc and Susan Wood

Appellant-Applicants contest Hartford ZBA’s upholding of Zoning Administrator’s determination to deny an application to amend a land use permit and amending the site plan for Phase II of the project. The two main issues are when the permit was...

122-5-02 6/30/2003 Appeal of Trevor Evans

Appellant appeals issuance of permit to Applicant Gerard Cote for installation of a mobile home and completion of a garage structure. Applicant has a history of prior non compliance. Appellant argues he has ownership of Town Highway 43, which...

122-7-04 6/23/2005 Appeal of Rueger, et al

In the event that an appeal is taken before a final decision of an appropriate municipal panel it would serve the interests of judicial economy if the parties would notify the Court once that final decision is rendered.

123-7-04 5/31/2005 Appeal of Chamberlin, et al

If the Court can find no jurisdiction for the ZBA to undertake an advisory interpretation of the zoning ordinance in the first instance, the Court will not have jurisdiction to render an advisory opinion on the zoning ordinance in the absence of...

123-7-98 Vtec 7/29/1999 In Re: Appeal of Foster Tucker and Pamela Tucker

Appellants fail to qualify for a variance because their parcel meets none of the five requirements for a variance.

124-6-02 6/14/2002 Town of Grand Isle v Ivan Patry and Michael Bilodeau

The superior court has jurisdiction under 24 V.S.A. §4472 over claims that a zoning regulation is unconstitutional. (b) State courts do not have jurisdiction over treaties entered into between the United States and foreign governments, such as...

124-6-02 3/6/2006 Town of Grand Isle v Patry

Enforcement proceeding for a small parcel (45 feet by 480 feet). Long procedural history and list of violations. Owner believes property is exempt under Charter of the Two Heroes, 1779. Request for mandatory injunction for land use issues does...

124-7-04 12/2/2004 Appeal of Teitscheid

Appellant appealed from a decision of Cornwall Planning Commission granting subdivision permit to Appellees. Appellant claims to own a portion of the land which is a matter for the Superior Court. The 145 acres is bisected by a town road, each...