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IN RE PATCH

No. 334-79.

437 A.2d 121 (1981)

In re Zoning Permit Application of Clyde and Marlene PATCH. In re Land Use Permit Application of Clyde M. PATCH.

Supreme Court of Vermont.

Motion for Reargument Denied October 26, 1981.

Attorney(s) appearing for the Case

Smith, Harlow & Liccardi, Rutland, for plaintiffs.

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

Keyser, Crowley, Banse & Kenlan, Rutland, for Town of Wallingford, Wallingford Planning Commission, and Wallingford Board of Adjustment.

S. Scott Smith of Carroll, George, Hill & Pratt, Rutland, for adjoining landowners.

Before BARNEY, C.J., LARROW, BILLINGS and HILL, JJ., and DALEY, J. (Ret.), Specially Assigned.

BARNEY, Chief Justice.

This case involves a proposed sanitary landfill dump. The Patches, in the course of seeking the necessary permits, had mixed success. Starting in 1977 in the Town of Wallingford the Patches applied for site plan approval and for a conditional use permit. The appropriate agencies, the Wallingford Planning Commission in the case of the site plan and the Wallingford Board of Adjustment in the case of the conditional use permit, denied the respective...

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