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C.V. LANDFILL, INC. v. ENVIRONMENTAL BD.

No. 91-012.

610 A.2d 145 (1992)

C.V. LANDFILL, INC. v. ENVIRONMENTAL BOARD.

Supreme Court of Vermont.

May 8, 1992.

Attorney(s) appearing for the Case

John B. Kassel and Martin K. Miller of Miller, Eggleston & Rosenberg, Ltd., Burlington, for plaintiff-appellant.

Jeffrey L. Amestoy, Atty. Gen., and Conrad W. Smith, Asst. Atty. Gen., Montpelier, for defendant-appellee.

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

MORSE, Justice.

Plaintiff C.V. Landfill, Inc. appeals the Washington Superior Court's dismissal of its request for a declaratory judgment that Act 250 did not apply to its landfill operation. C.V. challenges the court's invocation of discretion to dismiss the complaint. C.V. claims that the court did not have discretion under the declaratory judgment provision of the Administrative Procedure Act (APA), 3 V.S.A. § 807, and the Declaratory Judgments Act (DJA),...

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