APPLICATION OF BUTTOLPH

No. 391-81.

451 A.2d 1129 (1982)

In re Application of Edward C. BUTTOLPH and Barbara C. Buttolph to Construct an Impoundment in Middlebury, Vermont.

Supreme Court of Vermont.

September 7, 1982.


Attorney(s) appearing for the Case

Lynch & Foley, Middlebury, for plaintiffs-appellees.

John J. Easton, Jr., Atty. Gen., and John H. Chase, Sp. Asst. Atty. Gen., Montpelier, for appellee Water Resources Dept.

James H. Ouimette, Vergennes, for defendants-appellants.

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


BARNEY, Chief Justice.

The Buttolphs are owner-developers of residential property in Middlebury. In order to secure town approval for expansion of an existing housing development on their property, they were required by the town planning commission to find a way to alleviate drainage problems in the area which, it was anticipated, would worsen with the construction of additional homes. They proposed to build an earthen dam and retention basin, an acceptable solution...

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