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ARGAST v. STATE ENVIRONMENTAL BOARD

No. 82-234.

463 A.2d 214 (1983)

Elmer F. ARGAST d/b/a The Winhall Trust v. STATE ENVIRONMENTAL BOARD.

Supreme Court of Vermont.

April 21, 1983.

Attorney(s) appearing for the Case

Bruce M. Lawlor, Springfield, for plaintiff-appellant.

John J. Easton, Jr., Atty. Gen., and J. Wallace Malley, Jr., and Merideth Wright, Asst. Attys. Gen., Montpelier, for defendant-appellant.

Before BILLINGS, C.J., HILL, UNDERWOOD and GIBSON, JJ., and KEYSER, J. (Ret.), Specially Assigned.

UNDERWOOD, Justice.

This case arises out of the payment of $12,000 by the plaintiff to the State Environmental Board [Board] in connection with the processing of an Act 250 application. The plaintiff, seeking a refund, brought suit in Washington County Superior Court. He argued that the assessment was a tax which the Board had no authority to levy. The Board argued that the assessment was a legitimate fee. The court agreed with the latter and dismissed the plaintiff...

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