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IN RE BURLINGTON HOUS. AUTH. DEC. R. NO. 124

No. 287-81.

463 A.2d 215 (1983)

In re BURLINGTON HOUSING AUTHORITY DECLARATORY RULING # 124.

Supreme Court of Vermont.

April 21, 1983.

Attorney(s) appearing for the Case

J.M. Farrell Associates, Burlington, for plaintiff-appellant.

John J. Easton, Jr., Atty. Gen., and W. Gilbert Livingston, Asst. Atty. Gen., Montpelier, for defendant-appellee.

Before BARNEY, C.J., BILLINGS, HILL and UNDERWOOD, JJ., and COSTELLO, D.J., Specially Assigned.

HILL, Justice.

The petitioner, Burlington Housing Authority (BHA), appeals from a decision by the Environmental Board (the Board), requiring it to seek an authorization permit pursuant to 10 V.S.A. § 6081(a) prior to building thirty-five units of low income housing. We affirm.

The essential facts are not in dispute. In July of 1980, BHA proposed to construct the units within a five mile radius of each other in the City of Burlington. Pursuant to its policy...

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