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IN RE NEHEMIAH ASSOCIATES, INC.

No. 95-561.

689 A.2d 424 (1996)

In re NEHEMIAH ASSOCIATES, INC.

Supreme Court of Vermont.

Motion for Reconsideration Denied December 27, 1996.

ENTRY ORDER

Nehemiah Associates, Inc., appeals from a decision of the Environmental Board, which denied Nehemiah's application for an Act 250 permit to subdivide and develop a 3.38-acre lot. Nehemiah argues that the Board improperly applied the doctrine of collateral estoppel to deny a permit amendment. We agree and reverse.

In 1989, Nehemiah purchased twelve acres of land on Route 3 in Pittsford and obtained an Act 250 permit authorizing it to subdivide...

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