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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 |
|---|---|---|---|
| 124-7-99, 228-11-99, 103-5-00 | 6/27/2000 | In re: Appeals of Middlebury College and KW Middlebury, LLC |
Where a traffic impact criteria for a proposed project are approved by a planning commission and not appealed, in a subsequent planning commission hearing where the proposed project is changed and the planning commission adopts the prior... |
| 125-7-98 Vtec | 23-Nov-98 | In Re: Appeal of Peter Doyne |
Without specific language, court cannot read the use of the plural rather than the singular form as having any regulatory significance; rather, it appears simply to be due to inartful drafting. Use of plural term cannot override specific... |
| 125-8-01 | 10/24/2002 | Town of Waitsfield v Ira and Martha Jackson |
Summary judgment is generally inappropriate in “cases in which the resolution of the dispositive issue requires determination of a state of mind” as the fact finder normally should be given the opportunity to observe the demeanor and determine... |
| 125-8-97 Vtec | 4-May-98 | In Re: Appeal of Highgate Springs Protective Association, et al. |
Proceedings in environmental court are de novo, but the scope of the court's consideration remains an appellate one. The court acts "within its proper role when it decides questions that have been formulated in the local approval process and... |
| 126-8-97 Vtec | 2-Jul-98 | In Re: Appeal of Richard Levy and Stephen Wolfberg |
It is outside the scope of this court's jurisdiction to determine whether and to what extent former conveyances of the parcel were made subject to any covenants, or whether or to what extent any representations may have been made to appellants by... |
| 126-8-97 Vtec | 4-Sep-98 | In Re: Appeal of Richard Levy and Stephen Wolfberg |
Unless the decision is a development review board decision that the municipality has elected to be subject to review on the record, the court will act on the application anew. Parcel was never "common land conveyed by" corporation. Thus,... |
| 127-6-02 | 1/6/2003 | Appeal of Douglas Spates and Vivian Spates |
Parking requirements contained in Town of Derby Zoning Ordinance, such as the size of spaces and spaces per apartment unit, are recommendations only. However, the ZBA, and therefore the Court, cannot approve of conditions intended to mitigate... |
| 127-7-97 Vtec | 5-Oct-98 | In Re: Appeal of Ernest Paquette |
Petitions to intervene filed after a trial court decision or a settlement generally are disfavored. Delay by any litigant, including a prospective intervenor, is not allowed to inconvenience or disadvantage another litigant unfairly. Parties... |
| 127-7-97 Vtec | 4/27/1999 | In re: Appeal of Ernest Paquette |
Review of a proposed settlement that followed the denial of a subdivision permit. The Town of Richmond’s Subdivision Regulations guided the Court in its analysis. First, the proposed settlement failed to meet the standards set forth in the... |
| 127-7-98 Vtec | 28-Dec-98 | In Re: Appeal of Taft Corners Associates, Inc. |
It is by no means clear whether Environmental Court has jurisdiction over appeals from Selectboard decisions made under 24 VSA Ch. 117, as it does over appeals from ZBA, Planning Commission and Development Review Board decisions, or whether the... |
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