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STATE ENVIRON. BD. v. CHICKERING

No. 88-607.

583 A.2d 607 (1990)

STATE of Vermont ENVIRONMENTAL BOARD v. Levi CHICKERING.

Supreme Court of Vermont.

October 19, 1990.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and William E. Griffin and Mark J. Di Stefano, Asst. Attys. Gen., Montpelier, for plaintiff-appellant.

Natt L. Divoll, Jr., Bellows Falls, for defendant-appellee.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.

ALLEN, Chief Justice.

The State of Vermont appeals from an order of the Windham Superior Court dismissing a civil action against defendant for violation of the subdivision provisions of Act 250, following presentation of the State's case. We reverse.

The State sued defendant in July 1986, alleging that he subdivided properties in Westminster into ten or more lots within a continuous ten-year period without an Act 250 permit, contrary to 10 V.S.A.

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