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AGENCY OF NATURAL RESOURCES v. GODNICK

No. 94-057.

652 A.2d 988 (1994)

AGENCY OF NATURAL RESOURCES, State of Vermont v. Edward M. GODNICK.

Supreme Court of Vermont.

October 21, 1994.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and Conrad W. Smith and Ron Shems, Asst. Attys. Gen., Montpelier, for plaintiff-appellee.

Edward R. Seager and Bernard J. Boudreau of Edward R. Seager, P.C., Rutland, for defendant-appellant.

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

DOOLEY, Justice.

Defendant Edward Godnick appeals a $10,270 penalty assessed by the Environmental Law Division (ELD) pursuant to the administrative penalty provisions of the Uniform Environmental Law Enforcement Act, 10 V.S.A. §§ 8001-8018, enacted in 1989. Plaintiff, the Vermont Agency of Natural Resources (ANR), cross-appeals, charging that the ELD failed to assess a penalty for the first year of defendant's violation and erroneously evaluated the statutory...

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