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PETITION OF TOWN OF SHERBURNE

No. 89-076.

581 A.2d 274 (1990)

In re Petition of TOWN OF SHERBURNE.

Supreme Court of Vermont.

July 20, 1990.

Attorney(s) appearing for the Case

Langrock Sperry Parker & Wool, Middlebury, and John H. Marshall and Dale A. Rocheleau of Downs Rachlin & Martin, Burlington, for appellants.

Witten, Saltonstall & Woolmington, P.C., Bennington, for appellees.

Before MORSE, J., MARTIN, Superior Judge, BARNEY, C.J. (Ret.) and SPRINGER, District Judge (Ret.), Specially Assigned.

MORSE, Justice.

The Town of Sherburne and Killington, Ltd. appeal a superior court decision reversing a ruling of the Vermont Water Resources Board. The Board ruled that the existing classification of a 200-foot portion of the Ottauquechee River as Class B is contrary to the public interest. See 10 V.S.A. § 1253(c), (e). The superior court determined that the Board acted arbitrarily, unreasonably and contrary to law. See id. § 1270. We reverse and...

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