Wednesday, July 29, 2009

Vermont Environmental Court Report (July 2009)

The Environmental Court has published several opinions since our last update. We've discussed the Court's ruling in the Montpelier waste water discharge permit case in a prior post. Other recent opinions include:
  • In re: R.L Vallee, Inc PUD, Docket Nos. 100-5-07 Vtec, 101-5-08 (Vt. Envtl. Ct. June 12, 2009) (Wright, J.) (Findings of Fact, Conclusions of Law, and Final Order approving residential planned unit development under relevant provisions of the South Burlington Zoning Ordinance; order addressed and dismissed questions raised by Appellant concerning project's compliance with zoning criteria related to planned unit development, setbacks, grading and erosion, fire protection, visual compatibility, scale, open space, traffic, parking and pedestrian safety, conformity with town plan, and site plans);

  • NE Kingdom Community Action, Inc., Docket Nos. 123-6-07 Vtec, 128-6-07 Vtec, 152-7-07 Vtec (Vt. Envtl. Ct. June 16, 2009) (Durkin, J.) (Findings of Fact, Conclusions of Law, and Final Order approving construction of educational center under provisions of the Newport Zoning Ordinance; order addressed and dismissed questions concerning compliance with criteria related to permitted and conditional uses and site plan review, including traffic impacts, visual impacts, impacts to the character of the area, and drainage impacts);

  • King Garage Construction Permit, Docket No. 202-9-08 (Vt. Envtl. Ct. July 9, 2009) (Durkin, J.) (Order on summary judgment motions, approving zoning permit for single-family garage; order addresses issues related to interpretation and application of setback requirements, accessory uses, and conditional uses, and also considers scope of environmental court's jurisdiction to address issues not presented in application or considered by development review board);

  • Waitsfield Water Supply Source Permit, Docket No. 134-7-08 Vtec (Vt. Envtl. Ct. July 14, 2009) (Durkin, J.) (Entry Order on summary judgment motions, granting Town's motion for summary judgment and affirming water supply source permit; court concluded that it did not have jurisdictional authority to adjudicate issues raised in appeal).