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IN RE JUSTER ASSOCIATES

Nos. 127-78, 128-78.

396 A.2d 1382 (1978)

In re JUSTER ASSOCIATES.

Supreme Court of Vermont.

December 28, 1978.

Attorney(s) appearing for the Case

Carroll, George, Hill & Anderson, Rutland, for plaintiff.

Robert E. Broderick, Rutland City Atty., Rutland, for City of Rutland.

Corsones & Hansen, Rutland, for landowners.

M. Jerome Diamond, Atty. Gen., and Benson D. Scotch, Asst. Atty. Gen., Montpelier, for State.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

DALEY, Justice.

Justgold Holding Corporation was granted a land use permit on July 19, 1973, to develop a shopping center on a 31 acre tract of land in the Town of Rutland. The Environmental Board (Board) issued the permit after finding, among other matters, that "on site sewage disposal can be accomplished as proposed." The shopping center, complete with a sewage system which met the conditions of the permit, was thereafter...

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