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IN RE VERBURG

No. 91-196.

616 A.2d 237 (1992)

In re Jacob and Harmke VERBURG and Wesco, Inc.

Supreme Court of Vermont.

September 4, 1992.

Attorney(s) appearing for the Case

Craig Weatherly and Charles T. Shea of Gravel and Shea, Burlington, for appellants.

William E. Roper of Neuse, Smith, Roper & Venman, Middlebury, for appellee Richmond Land Trust.

Jeffrey L. Amestoy, Atty. Gen., John H. Hasen, Asst. Atty. Gen., and John Beiswenger, Law Clerk (On the Brief), Montpelier, for Dept. of Environmental Conservation.

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

DOOLEY, Justice.

Petitioners, Wesco, Inc. and Jacob and Harmke Verburg, appeal from a declaratory ruling by the Commissioner of Environmental Conservation. That ruling makes it impossible for Wesco to build a gas station and convenience store on two lots owned by the Verburgs because the land lies in a flood plain. We affirm in part and reverse in part.

The two lots lie at the Richmond exit of Interstate 89 and were...

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