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IN RE WAL*MART STORES, INC.

No. 95-398.

702 A.2d 397 (1997)

In re WAL*MART STORES, INC. and The St. Albans Group.

Supreme Court of Vermont.

August 29, 1997.

Attorney(s) appearing for the Case

Peter M. Collins and Mark G. Hall of Paul, Frank & Collins, Inc., Burlington, for appellants Wal*Mart Stores, Inc. and The St. Albans Group.

David A. Barra of Hill, Unsworth, Barra, Bowles & Gannon, Essex Junction, for appellant Town of St. Albans.

Joseph F. Cahill, Jr. and Timothy J. Ryan of Brown, Cahill, Gawne & Miller, St. Albans, for amicus curiae Franklin County Industrial Development Corp.

Thomas F. Heilmann of Heilmann, Ekman & Associates, Inc., Burlington, for amicus curiae Vermont Association of Realtors®, Inc.

William E. Roper of Neuse, Smith, Roper & Venman, P.C., Middlebury, Christopher M. Kilian and Mark Naud, Law Clerk (On the Brief), Montpelier, for amicus curiae Vermont Natural Resources Council.

Francis X. Murray, South Burlington, for amicus curiae Franklin/Grand Isle County Citizens for Downtown Preservation.

Jeffrey L. Amestoy, Attorney General, and Ronald A. Shems and John H. Hasen, Assistant Attorneys General, Montpelier, for amicus curiae State of Vermont.

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

GIBSON, Justice.

Wal*Mart Stores, Inc. and The St. Albans Group (Wal*Mart) and the Town of St. Albans (Town) appeal an order of the Environmental Board denying Wal*Mart's application, pursuant to 10 V.S.A. chapter 151 (Act 250), for a permit to build a retail store in the Town. Wal*Mart and the Town claim that the Board erred in: (1) considering perceived adverse impacts on municipal tax revenues arising from Wal*Mart's competition in the regional market, a factor...

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