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SOUTHVIEW ASSOCIATES, LTD. v. BONGARTZ

No. 1640, Docket 92-7209.

980 F.2d 84 (1992)

SOUTHVIEW ASSOCIATES, LTD., and Southview at Stratton Partners, Plaintiffs-Appellants, v. Ferdinand BONGARTZ, Member, Vermont Environmental Board; Lixi Fortna, Member, Vermont Environmental Board; Arthur Gibb, Member, Vermont Environmental Board; Samuel Lloyd, Member, Vermont Environmental Board; William Martinez, Member, Vermont Environmental Board; Charles Storrow, Member, Vermont Environmental Board; Steve Wright, Member, Vermont Environmental Board; and Elizabeth Courtney, Chairman, Vermont Environmental Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 30, 1992.

Attorney(s) appearing for the Case

A. Jay Kenlan, Rutland, Vt. (Abell, Kenlan, Schweibert & Hall, of counsel), for plaintiffs-appellants.

Jeffrey L. Amestoy, Atty. Gen., Montpelier, Vt. (John H. Hasen, Ronald L. Shems, Asst. Attys. Gen., Waterbury, Vt., of counsel), for defendants-appellees.

Before OAKES, Chief Judge, McLAUGHLIN, Circuit Judge, and LAY, Senior Circuit Judge.

OAKES, Chief Judge:

This appeal requires us to decide whether the denial, pursuant to Vermont's land use statute, Act 250, 10 V.S.A. § 6001 et seq. (1984 & Supp.1991) ("Act 250"), of a permit in respect to a vacation home development in the Green Mountains, gives rise to valid claims for relief under the Fifth and Fourteenth Amendments. Appellants Southview Associates, Ltd. and Southview at Stratton Partners ("Southview") sued the Appellees, the individual...

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