Justia Vermont Supreme Court Opinion Summaries

Twelve individuals and the Ferrisburgh Friends of Responsible Growth, Inc. appealed the Environmental Division’s affirming the grant of a conditional use zoning permit to Champlain Oil Company. The permit allowed Champlain Oil to construct and operate a gasoline and diesel station with a retail convenience store and a drive-through food facility, including parking lot and overhead canopies for the gas and diesel pumps. Appellants argued that the proposed uses for a convenience, retail and drive-in facility are explicitly prohibited by the Ferrisburgh zoning ordinance and would not be consistent with the town plan. Finding no reversible error, the Supreme Court affirmed the Environmental Division's decision.View "In re Champlain Oil Company Conditional Use Application" on Justia Law

"At its heart, the present controversy is about noise - specifically, airport-generated noise and its effects on immediate neighbors." Airport neighbor, George Maille, appealed the Superior Court, Environmental Division's grant of summary judgment in favor of appellees City of Burlington and City of South Burlington. The court upheld the South Burlington Zoning Administrative Office's issuance of fifty-four zoning permits to the City of Burlington and Burlington International Airport (BTV) and concluded that applicants were not required to submit a site plan for zoning board approval. Each permit allowed the BTV to demolish, remove, and fill in the cellar hole of a vacant structure on BTV-owned property. Maille contended that the environmental court erred in concluding that site plan review of the applications was not required under the South Burlington Land Development Regulations. Although the Supreme Court disagreed with part of the environmental court’s reasoning, it ultimately affirmed its holding that site plan review was not required for the removal of the structures and the placement of fill in the structures' respective cellar holes. View "In re Burlington Airport Permit" on Justia Law

Developer Vermont North Properties (VNP) appealed from the trial court’s decision in favor of the Village of Derby Center. The dispute centered on VNP’s rights, if any, to water and sewer allocations from the systems managed by the Village in connection with a VNP construction project. The trial court determined that: the Village could charge fees for reserved water and sewer allocations; the Village’s fees were reasonable; the Village could revoke VNP’s reserved allocations for nonpayment of fees; and the Village was not estopped from denying water and sewer connections to VNP on account of nonpayment. Upon review, the Supreme Court concluded that VNP had enforceable reserved water and sewer allocations, but the Village could charge equitable fees for these reservations and may revoke the reservations for nonpayment. Furthermore, the Court concluded that VNP failed to meet its burden of demonstrating the unreasonableness of the Village’s reservation fees, and on that basis the Court affirmed the trial court’s decision. View "Vermont North Properties v. Village of Derby Center" on Justia Law

Appellants Energize Vermont, Inc. and several individuals challenged the Vermont Public Service Board (PSB)’s affirmance of a permit issued by the Agency of Natural Resources (ANR), approving an operational-phase stormwater management plan for appellee Green Mountain Power (GMP), with respect to the Kingdom Community Wind Project (Wind Project) on Lowell Mountain. Appellants raised a variety of challenges to the operational-phase permit, as well as other permits. On the appeal of the PSB order, the only issue this case presented to the Supreme Court was whether ANR complied with certain requirements of its own Vermont Stormwater Management Manual in granting the operational-phase permit. "Given the deferential standard of review, this straightforward plain meaning analysis needs little elaboration. Appellants have not met their burden." The Supreme Court found no clear and convincing error in ANR’s interpretation of the VSMM to allow an operational stormwater permit for the Wind Project’s level spreaders.View "In re ANR Permits in Lowell Mountain Wind Project" on Justia Law

Applicant Charles Ferrera and property owners Ronald and Susan Fenn appealed a Superior Court, Environmental Division order that affirmed the Town of Middlebury's denial of their application to operate a gravel pit. Applicants contended: (1) several key findings and conclusions were unsupported by the evidence; and (2) provisions of the Town's zoning regulations are unconstitutionally vague. Finding no error, the Supreme Court affirmed. View "In re Ferrera & Fenn Gravel Pit" on Justia Law

Defendants Timothy Persons and the Trust A of Timothy Persons appealed an Environmental Division decision holding that certain excavation work performed on their property violated the state Wetlands Protection and Water Resources Management laws and the state Wetlands Rules. Among other things, defendants contended they were not given adequate notice that portions of the lands in question contained a protected wetland, and therefore, should not have been subjected to fines. The Supreme Court found no merit to defendants' contentions, and affirmed the Environmental Division. View "Agency of Natural Resources v. Persons" on Justia Law

In consolidated appeals, the Lowell Mountains Group, Inc. (LMG), and the Towns of Albany and Craftsbury, challenged several Public Service Board orders related to the construction of a wind-electric-generation facility and associated facilities on Lowell Mountain in Lowell, Vermont. In May 2010, petitioners Green Mountain Power Corporation (GMP), Vermont Electric Cooperative, Inc. (VEC), and Vermont Electric Power Company, Inc. and Vermont Transco LLC (VELCO) requested a certificate of public good (CPG) to construct a wind-electric-generation facility on Lowell Mountain. On May 31, 2011, following testimony, site visits, a public hearing, and hearings, the Board issued a final order granting a CPG subject to forty-five conditions. Appellants and several other parties moved for reconsideration. On July 12, 2011, the Board modified its final order in certain respects. The Towns and LMG appealed that final order with modifications. The parties also raised compliance issues with the final order that the Board ultimately overruled. Upon review of the Board's orders, the Supreme Court found no abuse of discretion, and deferred to the Board's decisions with regard to the final order. Accordingly, the Court affirmed the Board. View "In re Green Mountain Power Corp." on Justia Law

Defendants Richard Barnett and Cedric and Leslie Sanborn appealed a judgment which ruled that the City of Montpelier may prohibit boating, fishing, and swimming in Berlin Pond, a public body of water located outside the City and used as the City's drinking water supply. The City contended that the restrictions were supported by both a state health order and the powers granted to the City by the State. The trial court agreed and issued a permanent injunction preventing Defendants from engaging in the listed recreational activities and from trespassing upon land surrounding the pond that is owned by the City. Upon review, the Supreme Court reversed the trial court: "[The Court's] decision reflects the fact that, under the laws of this state, the recreational use of Berlin Pond is a matter of state concern requiring a resolution at the state level. . . . [The Court] determine[d] only that the City's current powers are limited to preventing trespass upon its property." View "City of Montpelier v. Barnett" on Justia Law

Plaintiffs Russell and Mary Ann Rueger and John Moyers appealed a trial courts grant of summary judgment in favor of Defendants Natural Resources Board and the District #9 Environmental Commission of Vermont. The matter arose from an Access to Public Records Act request. The court concluded that certain records held by Defendants reflected deliberations of an agency acting in a quasi-judicial role, and those were exempt from disclosure. Plaintiffs argued on appeal that the court erred in interpreting the Act. Upon review, the Supreme Court agreed with the trial court that the documents in question fell within the plain language of the Act, and were indeed exempt. Accordingly, the Court affirmed the grant of summary judgment in favor of Defendants. View "Rueger v. Natural Resources Bd." on Justia Law

Appellant John Madden appealed the Public Service Board's order granting a certificate of public good for Appellee Cross Pollination, Inc.'s planned construction of a solar energy farm in the Town of New Haven. Appellant claimed that the Board erred in applying 30 V.S.A. 248, which regulates the construction of electric generation facilities, and should not have issued the certificate because the solar farm will have an "undue adverse effect" on the aesthetics of the natural landscape as defined by 30 V.S.A. 248(b)(5). Appellant's issue on appeal was the Board's use of the "Quechee test" so named from the Supreme Court's decision in "In re Quechee Lakes Corp.," 580 A.2d 957 (1990)): that the Board erred in applying the Quechee test and should have concluded that under 30 V.S.A. 248(b)(5) the project would have an "undue adverse effect" on the aesthetics of the land, and as a result, no certificate of public good should have issued. Upon review, the Supreme Court affirmed the Board's findings in this case, and held that its decision was based on a correct reading of the law and is supported by its findings. View "In re Petition of Cross Pollination for a Certificate of Public Good" on Justia Law