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NATURAL RESOURCES v. UPPER VAL. LANDFILL

No. 96-369.

705 A.2d 1001 (1997)

SECRETARY, AGENCY OF NATURAL RESOURCES v. UPPER VALLEY REGIONAL LANDFILL CORPORATION, Barker Sargent Corporation, Inc., Frank L. Barker, Jr., and Robert MacNeil. TRASH2O, Intervenor.

Supreme Court of Vermont.

November 7, 1997.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Attorney General, J. Wallace Malley, Jr., Acting Attorney General, John W. Kessler, Assistant Attorney General, and Victoria R. Para, Law Clerk (on the Brief), Montpelier, for plaintiff-appellee.

Robert E. Manchester, Manchester Law Offices, P.C., Burlington, for defendant-appellants.

Joe Bivins, Post Mills, for intervenor-appellee and cross-appellant, TRASH2O.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and ALLEN, C.J., (Ret.), Specially Assigned.

GIBSON, Justice.

Defendants Upper Valley Regional Landfill Corporation, Barker Sargent Corporation, Inc., Frank L. Barker and Robert MacNeil appeal from an order issued by the Secretary of the Agency of Natural Resources (ANR) that directed corporate defendants to perform closure and post-closure operations at its landfill in Post Mills, Vermont. Defendants contend that (1) the hearing officer erred by denying defendants' motion for his disqualification based on a...

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