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IN RE TAFT CORNERS ASSOCIATES, INC.

No. 92-215.

632 A.2d 649 (1993)

In re TAFT CORNERS ASSOCIATES, INC.

Supreme Court of Vermont.

Motion for Reargument Denied September 2, 1993.

Attorney(s) appearing for the Case

Robert B. Hemley and Stewart H. McConaughy of Gravel and Shea, Burlington, for appellant.

Jeffrey L. Amestoy, Atty. Gen., and J. Wallace Malley, Jr., Asst. Atty. Gen., Montpelier, for appellee Agency of Natural Resources.

Francis X. Murray and Susan Gilfillan of McNeil & Murray, Burlington, for appellee City of Burlington.

Gerald R. Tarrant of Tarrant and Marks, Montpelier, for appellee Williston Citizens for Responsible Growth.

John T. Sartore of Paul, Frank & Collins, Inc., Burlington, and Stephen S. Ostrach, New England Legal Foundation, Boston, MA, for amici curiae Greater Burlington Industrial Corp., Franklin County Industrial Development Corp., Rutland Industrial Development Corp., Bank of Vermont, Chittenden Bank, Franklin Lamoille Bank, Howard Bank, Merchants Bank, Vermont Federal Bank, and Vermont National Bank.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and MARTIN, Superior Judge, Specially Assigned.

GIBSON, Justice.

Appellant Taft Corners Associates, Inc. (TCA) appeals from a decision of the Environmental Board, claiming that the Board exceeded the scope of its authority by deciding issues that were not raised before the district commission. We hold that the Board had no jurisdiction to decide issues that were not before the commission and reverse.

In October 1986, TCA filed an application for a permit to develop a 223-acre commercial and industrial park...

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