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IN RE BARLOW

No. 91-491.

631 A.2d 853 (1993)

In re Robert BARLOW and Barbara Barlow.

Supreme Court of Vermont.

August 13, 1993.

Attorney(s) appearing for the Case

Lon T. McClintock of Jacobs, McClintock & Scanlon, Bennington, for appellants.

Jeffrey L. Amestoy, Atty. Gen., and John H. Hasen, Asst. Atty. Gen., Montpelier, for State.

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

DOOLEY, Justice.

Petitioners Robert and Barbara Barlow appeal a ruling by the Vermont Environmental Board requiring them to obtain an Act 250 permit to continue operating their gravel pit. They argue that their operation is exempted from review by 10 V.S.A. § 6081(b) because it preexisted the enactment of Act 250. The State has moved to dismiss this appeal, contending that the action is moot because petitioners have now received a permit. We deny the State's...

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