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IN RE NORTH EAST MATERIALS GROUP, LLC

No. 16-170.

174 A.3d 747 (2017)

2017 VT 43

IN RE NORTH EAST MATERIALS GROUP, LLC Amended Act 250 Permit (Russell Austin, Pamela Austin, Julie Barre, Marc Bernier, et al., Collectively, Neighbors for Healthy Communities, Appellants).

Supreme Court of Vermont.

May 26, 2017.

Motion for Reargument Denied September 22, 2017.

Attorney(s) appearing for the Case

Laura B. Murphy , Douglas A. Ruley and Elizabeth M. Tisher , Environmental and Natural Resources Law Clinic, South Royalton, for Appellants.

Alan P. Biederman of Biederman Law Office and James P.W. Goss of Facey Goss & McPhee, P.C., Rutland, for Appellees.

PRESENT: Dooley, Skoglund, Robinson and Eaton, JJ., and Carlson, Supr. J., Specially Assigned.

¶ 1. Neighbors for Healthy Communities (neighbors) appeal the Environmental Division's decision granting North East Materials Group, LLC, (NEMG) an Act 250 permit for operating an asphalt plant. Neighbors specifically challenge the court's findings and conclusions under Criterion 5 and Criterion 8 of Act 250, claiming that conditions...

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