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IN RE KILLINGTON, LTD.

No. 90-535.

616 A.2d 241 (1992)

In re KILLINGTON, LTD. and International Paper Realty Corp.

Supreme Court of Vermont.

September 11, 1992.

Attorney(s) appearing for the Case

Allan R. Keyes and John A. Serafino of Ryan Smith & Carbine, Ltd., Rutland, for appellant Killington, Ltd.

Robert E. Woolmington of Witten, Saltonstall & Woolmington, P.C., Bennington, for appellees Town of Shrewsbury and Shrewsbury Planning Com'n.

Jeffrey L. Amestoy, Atty. Gen., and Mark J. Di Stefano, Asst. Atty. Gen., Montpelier, for appellee Vermont Agency of Natural Resources.

Before ALLEN, C.J., and GIBSON, DOOLEY and MORSE, JJ., and PECK, J. (Ret.), Specially Assigned.

DOOLEY, Justice.

The Vermont Environmental Board denied an Act 250 permit to Killington, Ltd., for construction of a pond intended to enhance Killington's snowmaking capacity at its ski area. Killington appeals that ruling, which was based on the Board's conclusion that the proposed construction would not satisfy 10 V.S.A. § 6086(a)(8)(A) because it would imperil a habitat necessary to the survival of a population of black bears. We affirm.

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