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SECRETARY, VT. NATURAL RESOURCES v. HANDY FAMILY ENTERPRISES

No. 93-367.

660 A.2d 309 (1995)

SECRETARY, VERMONT AGENCY OF NATURAL RESOURCES v. HANDY FAMILY ENTERPRISES and Taft Corners Associates, Inc.

Supreme Court of Vermont.

April 14, 1995.

Attorney(s) appearing for the Case

Christine Melicharek, Waterbury, for plaintiff-appellant.

Carl H. Lisman of Lisman & Lisman, P.C., Burlington, for defendant-appellee Handy Family Enterprises.

Robert F. O'Neill of Gravel and Shea, Burlington, for defendant-appellee Taft Corners Assocs.

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

DOOLEY, Justice.

The Secretary of the Agency of Natural Resources (Secretary) appeals a decision of the Environmental Law Division (ELD) assessing penalties against Handy Family Enterprises (HFE) and Taft Corners Associates, Inc. (TCA) for violations of their Act 250 land use permits. The Secretary challenges the ELD's calculation of penalties, its conclusion that the permit violations caused only slight environmental harm, and its finding that the violations did...

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