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IN RE DENIO

No. 89-214.

608 A.2d 1166 (1992)

In re Chester P. and Bertha G. DENIO.

Supreme Court of Vermont.

April 3, 1992.

Attorney(s) appearing for the Case

John D. Hansen, Rutland, for appellants.

Jeffrey L. Amestoy, Atty. Gen., Ron Shems, Asst. Atty. Gen., and David K. Mears, Law Clerk (On the Brief), Montpelier, for amicus curiae State.

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

DOOLEY, Justice.

Appellants Chester and Bertha Denio appeal a decision of the Vermont Environmental Board granting an Act 250 permit for a three-lot subdivision adjacent to an already existing 71-lot subdivision, but imposing twenty conditions. The Denios contest the Board's exercise of jurisdiction and claim that the Board (1) misallocated the burden of proof on the issue of aesthetics; (2) made findings of fact and conclusions of law which were not based exclusively...

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