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IN RE SPRING BROOK FARM FOUNDATION

No. 94-332.

671 A.2d 315 (1995)

In re SPRING BROOK FARM FOUNDATION, INC.

Supreme Court of Vermont.

October 27, 1995.

Attorney(s) appearing for the Case

Stephen R. Crampton and Dennis R. Pearson of Gravel and Shea, Burlington, for appellant.

John D. Hansen, Rutland, for appellee.

Jeffrey L. Amestoy, Attorney General, and Mary L. Borg, Assistant Attorney General, Montpelier, for amicus State of Vermont.

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

JOHNSON, Justice.

Today, we conclude that the exchange element of the commercial purpose test for determining Act 250 (10 V.S.A. §§ 6001-6108) jurisdiction incorporates projects where a third person pays the provider of the facility goods or services for the benefit of another. Accordingly, we affirm the Environmental Board's decision requiring Spring Brook Farm Foundation, Inc. (Foundation), a charitable organization, to obtain an Act 250 land use permit...

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