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APPLICATION OF BUTTOLPH

No. 84-561.

527 A.2d 1147 (1987)

In re Application of Edward C. and Barbara C. BUTTOLPH. Appeal of Milton and Beatrice BARNES.

Supreme Court of Vermont.

February 13, 1987.

Attorney(s) appearing for the Case

Lynch & Foley, P.C., Middlebury, for appellees.

James H. Ouimette, Vergennes, for appellants.

Before ALLEN, C.J., HILL, GIBSON and HAYES, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

GIBSON, Justice.

Appellants Milton and Beatrice Barnes appeal a decision of the Addison Superior Court affirming a Vermont Water Resources Board (Board) order authorizing construction of a dam by appellees Edward and Barbara Buttolph in Middlebury, Vermont. We affirm.

This Court has twice previously reversed Board orders on procedural grounds following the issuance of permits authorizing construction of the Buttolph dam. See In re Buttolph, 141 Vt....

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