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In re In re Preseault

Citation: 2 ELR 20466
No. No. 139-71, 292 A.2d 832/130 Vt. 343, (Vt., 07/06/1972)

Owners of property adjoining the proposed site of 76 apartments in Burlington, Vermont have the right to appear as parties at hearings before the Environmental Board on appeal from a District Environmental Commission order denying an environmental permit for those apartments. Because the hearings before the Environmental Board are de novo under the Vermont Land Use and Development Act, a just interpretation of that statute requires that the adjoining property owners be parties regardless of the contrary literal meaning of the Act.

Counsel for Appellants
Paul, Frank & Collins
P.O. Box 527
Burlington, Vt. 05401

Counsel for Applicants
Gravel & Shea
Box 237
Burlington, Vt. 05401

Counsel for State of Vermont
Attorney General
Pavilion Office Bldg.
Montpelier, Vt.