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SEC. AGENCY OF NAT. RESOURCES v. SHORT

No. 94-091.

682 A.2d 484 (1996)

SECRETARY, AGENCY OF NATURAL RESOURCES v. Terrence and Camille SHORT.

Supreme Court of Vermont.

July 5, 1996.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Attorney General, and David M. Rocchio, Assistant Attorney General, Montpelier, for plaintiff-appellant.

William E. Dakin, Jr. of Dakin & Benelli, P.C., Chester, for defendants-appellees.

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

JOHNSON, Justice.

The Agency of Natural Resources ("Agency") appeals from a decision of the Environmental Law Division ("ELD") involving Environmental Board Rule 2(A)(6), commonly known as the "Road Rule." The ELD held that construction of a shared access road, over a thousand feet in length, did not trigger Act 250 jurisdiction because part of the road was a shared driveway, and not a "road" for purposes of the Road Rule. We affirm.

Defendants Terrence and...

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