Justia Vermont Supreme Court Opinion Summaries

Articles Posted in Zoning, Planning & Land Use
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The Vermont Environmental Division concluded that Snowstone, LLC, did not need an Act 250 permit to operate a small dimensional-stone extraction operation on a 0.93-acre parcel of land to be purchased from landowners Justin and Maureen Savage. It found the proposed sale between landowners and Snowstone was an arm’s-length transaction and that neither party would exercise “control” over the land to be held by the other such that they should be considered one “person” for Act 250 purposes. Neighbors challenged these conclusions on appeal, and challenged other aspects of the court’s merits decision as well. Finding no reversible error, the Vermont Supreme Court affirmed the Environmental Division. View "In re Snowstone, LLC Act 250 Jurisdictional Opinion (Michael Harrington, et al., Appellants)" on Justia Law

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Landowner Daniel Banyai appealed an Environmental Division decision upholding a notice of violation, granting a permanent injunction, and assessing $46,600 in fines, relating to alleged zoning violations and the construction of a firearms training facility in the Town of Pawlet. Banyai argued he had a valid permit, certain exhibits were improperly admitted at the merits hearing, and the fines were excessive. Finding no reversible error, the Vermont Supreme Court affirmed the Environmental Division's decision. View "Town of Pawlet v. Banyai" on Justia Law

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Appellants Keith Aaron and Weston Street Trust appealed a trial court’s summary judgment upholding a Notice of Violation (NOV) concerning the Trust’s property on grounds it was occupied by more than four unrelated adults in violation of applicable zoning restrictions. The property at issue was an individual unit (unit #1) within a three-unit building (the property) located in the City of Burlington’s Residential Low Density Zoning District (RL District). In the context of cross motions for summary judgment, the Trust did not deny that more than four unrelated adults lived in unit #1, and did not contest that the applicable zoning ordinance prohibited such a use in the RL District. The Trust argued that the violation was unenforceable because it first occurred more than fifteen years ago or, in the alternative, that this enforcement action was barred by claim preclusion. The Environmental Division granted summary judgment to the City, upholding the NOV. The Vermont Supreme Court concluded the City was not precluded from enforcing the zoning violation on account of 24 V.S.A. 4454 because a valid municipal ordinance established that if an unlawful use is discontinued for more than sixty days, resumption of the unlawful use constituted a new violation, and the Supreme Court rejected the Trust’s alternate argument that its use was a lawful preexisting nonconforming use based on the preclusive effect of permitting proceedings in 1972 and 1994. View "In re 15-17 Weston Street NOV" on Justia Law

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Applicants Marian Wright and Greg Boester and their neighbors, Day Patterson and Janet Showers, owned abutting parcels of land on the shore of Caspian Lake in Greensboro, Vermont. Neighbors appealed an Environmental Division decision granting applicants a permit to tear down and reconstruct a lakeside structure on their parcel in accordance with a revised plan they submitted just prior to trial. The Vermont Supreme Court reversed, concluding that the court erred both when it determined that the structure at issue was properly designated an “accessory structure” rather than a “boathouse” under the applicable zoning bylaws, and when it declined to remand the materially revised proposal for consideration by the municipal developmental review board in the first instance. View "In Wright & Boester Conditional Use Application (Patterson and Showers, Appellants)" on Justia Law

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Island Industrial, LLC, appealed a trial court decision granting the Town of Grand Isle’s motion for judgment on the pleadings. In 2004, in connection with the development of a subdivision known as Island Industrial Park, Island Industrial constructed a private road called Island Circle. In 2014, Island Industrial petitioned the Town to accept Island Circle as a public road. At a September 2016 meeting, the selectboard, as recommended by the road commissioner, unanimously approved a motion to accept Island Circle as a public road after a two-year period to ensure the pavement would hold up during frost and thaw periods. At the end of the two-year period, Island Industrial executed an irrevocable offer of dedication, in which it agreed to execute and deliver deeds conveying Island Circle to the Town. In 2018, Island Industrial received an email from the Town, explaining that a special meeting was being held two days later to discuss the Town’s acceptance of Island Circle as a public road. The selectboard held two special meetings to discuss rescinding its 2016 motion to accept Island Circle as a public road. Following an executive session, the selectboard rescinded the 2016 motion and provided three reasons for its decision: (1) Island Circle would only provide benefits to the Town in the future but not at this time; (2) the road would be expensive to maintain; and (3) safety concerns. A few days later, Island Industrial received a letter from the selectboard reaffirming that the Town rescinded the 2016 motion. Island Industrial appealed the selectboard’s decision rescinding the 2016 motion pursuant to Vermont Rule of Civil Procedure 75, and asked the superior court to issue a writ of mandamus ordering the Town to accept Island Circle as a public road. Appealing the denial of mandamus relief, Island Industrial argued to the Vermont Supreme Court that the trial court erred in considering the Town’s motion for judgment on the pleadings when Island Industrial spent time and resources responding to the Town’s previously filed summary-judgment motion. Alternatively, Island Industrial argued that the Town was not entitled to judgment on the pleadings because the allegations in the complaint, if proven, demonstrated that Island Industrial was entitled to mandamus relief. Finding no reversible error, the Supreme Court affirmed the trial court. View "Island Industrial, LLC v. Town of Grand Isle" on Justia Law

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Neighbors appealed three Vermont Environmental Division rulings related to their appeal of the Agency of Natural Resources’ (ANR) decision to authorize Snowstone, LLC, to discharge stormwater at a proposed project site pursuant to a multi-sector general permit (MSGP). The court dismissed for lack of statutory standing most of neighbors’ questions on appeal and dismissed the remaining questions as not properly before the court. In addition, the court concluded that neighbors’ motion for a limited site visit was moot, given its dismissal of neighbors’ appeal. Finally, the court granted landowners Justin and Maureen Savage’s motion to intervene in the proceedings. The Vermont Supreme Court concluded that neighbors had standing to appeal the ANR’s authorization to act under a MSGP, and that their motion for a limited site visit was not moot. Furthermore, the Supreme Court concluded the court acted within its discretion to allow landowners to intervene. Accordingly, dismissal of neighbors’ appeal was reversed, as was the dismissal of the motion for a site visit, and the court’s decision to grant landowners intervention was affirmed. View "In re Snowstone Stormwater Discharge Authorization (Harrington et al., Appellants)" on Justia Law

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The City of Burlington and the Vermont Agency of Transportation (VTrans) jointly constructed the Champlain Parkway, a roadway project intended to connect Interstate 189 to downtown Burlington, and planned to make numerous improvements to the surrounding area. Fortieth Burlington, LLC (Fortieth) owned property adjacent to the project and challenged the decision of the Vermont Agency of Natural Resources (ANR) to grant the project a renewed stormwater discharge permit. Fortieth argued before ANR and the Environmental Division that the agency unlawfully waived a filing deadline in its 2017 stormwater regulations and misinterpreted a provision of its 2017 Stormwater Management Manual. Finding no inconsistency with the governing statute or previous agency interpretations, “no unjust, unreasonable, or absurd consequences, and no compelling indications of error,” the Vermont Supreme Court concluded the City was entitled to judgment as a matter of law. View "In re Champlain Parkway SW Discharge Permit (Fortieth Burlington, LLC, Appellant)" on Justia Law

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Plaintiff David Demarest filed suit against the Town of Underhill, seeking a declaration that he had a right of vehicle access over a Town trail, and appealing the Selectboard’s decision denying his request for highway access to a proposed new subdivision on his property. The superior court granted summary judgment in favor of the Town, concluding that plaintiff’s request for declaratory relief was barred by claim preclusion and that the Town acted within its discretion in denying the permit. On appeal, plaintiff argued the trial court erred in applying claim preclusion, and that the Town exceeded its authority under the statute in denying his request for access. Finding no reversible error, the Vermont Supreme Court affirmed judgment. View "Demarest v. Town of Underhill" on Justia Law

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Therese and Timothy Holmes appealed a Vermont Public Utility Commission (PUC) decision granting Acorn Energy Solar 2 a certificate of public good (CPG) to build and operate a solar net-metering system. The Holmeses argued the PUC erred in concluding that: (1) Acorn’s application was complete under the PUC Rules; (2) several proposed changes constituted minor amendments; (3) the project would be located on a preferred site; (4) the project would comply with setback requirements; and (5) the project would not have an undue adverse effect on aesthetics, orderly development, wetlands, air pollution, greenhouse gases, and traffic. Finding no reversible error, the Vermont Supreme Court affirmed the PUC's decision. View "In re Petition of Acorn Energy Solar 2, LLC (Therese & Timothy Holmes, Appellants)" on Justia Law

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Plaintiff R.L. Vallee, Inc. appealed the Environmental Division’s decision granting an Act 250 permit to the Vermont Agency of Transportation (VTrans) for a highway project involving the reconfiguration of an interstate exit. Vallee argued the court applied the incorrect standard in analyzing phosphorus discharges under Act 250 Criterion 1, and improperly evaluated the evidence of phosphorus and chloride discharges under Criterion 1. The Vermont Supreme Court found the Environmental Division applied the correct legal standard to evaluate discharges, and properly considered the evidence before it in determining that the project complies with Criterion 1. View "In re Diverging Diamond Interchange Act 250 (R.L. Vallee, Inc.)" on Justia Law