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IN RE STATE AID HIGHWAY NO. 1, PERU

No. 237-73.

328 A.2d 667 (1974)

In re STATE AID HIGHWAY NO. I, PERU, Vermont, Town of Peru, Appellant.

Supreme Court of Vermont.

October 1, 1974.

Attorney(s) appearing for the Case

Sydney J. Meachem, Manchester Center, for Town of Peru.

Williams, Witten, Carter & Wickes, Bennington, for Vermont Natural Resources Council, Inc.

Kimberly B. Cheney, Atty. Gen., and John R. Ponsetto, Asst. Atty. Gen., for Agency of Environmental Conservation.

Before BARNEY, C. J., and SMITH, KEYSER, DALEY and LARROW, JJ.

LARROW, Justice.

This is an appeal by Town of Peru from Declaratory Ruling No. 37 of the Environmental Board, dated October 24, 1973, and signed by its chairman. In substance, the ruling holds that a proposed improvement of State Aid Road No. 1, in the Town of Peru is subject to the jurisdiction of District Environmental Commission No. 8 under Chapter 151, Title 10, V.S.A., as involving more than 10 acres of land and "resulting in the necessity of continued improvements...

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