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PLUM CREEK ME TIMBERLANDS v. FPR

No. 14-063.

155 A.3d 694 (2016)

2016 VT 103

PLUM CREEK MAINE TIMBERLANDS, LLC v. VERMONT DEPARTMENT OF FORESTS, PARKS AND RECREATION and Vermont Department of Taxes.

Supreme Court of Vermont.

September 16, 2016.

Attorney(s) appearing for the Case

David L. Grayck of Cheney Saudek & Grayck P.C., Montpelier, for Plaintiff-Appellee.

William H. Sorrell , Attorney General, and Bridget C. Asay and Kyle H. Landis-Marinello , Assistant Attorneys General, Montpelier, for Defendant-Appellant.

Robert E. Woolmington of Witten, Woolmington, Campbell & Bernal, P.C., Manchester Center, for Amicus Curiae Vermont Land Trust, Inc.

C. Daniel Hershenson of Hershenson Carter Scott & McGee, P.C., Norwich, for Amici Curiae Vermont Forest Products Association and the Vermont Forestry Foundation.

PRESENT: Reiber, C.J., Dooley, Skoglund, Robinson and Eaton, JJ.

¶ 1. This appeal concerns a timber harvest by landowner Plum Creek Maine Timberlands, LLC in forestland enrolled in the current-use, tax-incentive program. The Vermont Department of Forests, Parks and Recreation (FPR) issued an adverse inspection report, concluding that Plum Creek violated its forest-management plan and failed...

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