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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 |
|---|---|---|---|
| 127-7-98 Vtec, 234-12-98 Vtec | 8/19/1999 | In Re: Appeals of Taft Corners Associates, Inc. |
Later construction on subdivided parcels normally requires a zoning permit, granted by the Zoning Administrator for permitted uses or by the ZBA for conditional uses. Because applications are for zoning permits for construction on specific... |
| 128-7-98 Vtec | 5/18/1999 | In Re: Appeal of Century Partners LP |
When City proceeds to purchase or condemn the land or easement required for the proposed road, the owner of the proposed road will be responsible for the expense of moving the transformer vault. Portion of condition in permit, requiring that the... |
| 128-7-98 Vtec | 7/27/1999 | In Re: Century Partners, LP |
The City of South Burlington moved to alter a previous decision by the Court. The preceding opinion stated that a separate zoning permit was not required to install a transformer. The Court determined that its statement to that effect was... |
| 128-7-99 | 2/4/2000 | In re: Appeal of Alan and Ruth Krawczyk, et al. |
Where a proposed use of the property is to serve take-out food and to provide eight seats for patrons to eat at the establishment, it falls within the definition of a restaurant or similar establishment serving meals. Neither the ZBA nor this... |
| 128-8-97 Vtec | 9-Jul-98 | In Re Appeals of: Victor and Sandra Gaudette, Vinton and Janice Gaudette, and David Lussier |
Change of a portion of space from a conditional use to a permitted use, where the overall use of the facility remains defined as a conditional use does not require, under town zoning regulations, that the project comply with all performance... |
| 128-8-97, 157-9-97 | 9-Jul-98 | In Re: Appeal of Gaudette et al |
Applicant failed to submit engineering and testing results to prove it will meet performance standards to operate a 24-hour mini-mart thus case was remanded to the ZBA for further factual inquiry. |
| 129-7-98 Vtec | 2/11/1999 | In Re: Appeal of Alfred Duval |
Appeal from a Planning Commission decision approving a subdivision in the Town of Essex. Neither zoning nor subdivision regulations require notice be provided to the Appellant. Even so, Appellant was given adequate opportunity to raise his... |
| 129-8-03 | 1/20/2006 | ANR v Fern Hill Farm, Ltd. & Stephen Bromley |
Respondent continued dumping household waste into a farm dump pit following the 1991 expiration of exemptions in the Solid Waste Management Rules and burned the pit. Penalties were calculated for both violations in light of remedial expenses... |
| 129-8-03 | 4/28/2006 | ANR v Fern Hill Farm, Ltd. & Stephen Bromley |
ANR filed a motion to alter arguing that the "penalty" addressed in the Decision and Order on the merits establishing remedial measures does not constitute a "penalty" if it is held in escrow and used to pay for remedial measures. The Court... |
| 13-1-00 | 5/7/2001 | In re: Appeal of Addison County Eagles, Aerie 3801 |
(a) Failure to appeal a letter from the ZBA informing an applicant that a permit issued by a Zoning Administrator was granted in error, and that the permit is not valid, has no preclusive effect on a later appeal, in contrast to the effect of a... |
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