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SECRETARY, NATURAL RESOURCES v. IRISH

No. 97-509.

738 A.2d 571 (1999)

SECRETARY, VERMONT AGENCY OF NATURAL RESOURCES and City of South Burlington v. Frank IRISH.

Supreme Court of Vermont.

Motion for Reargument Denied July 21, 1999.

Attorney(s) appearing for the Case

Gary S. Kessler, Senior Environmental Enforcement Attorney, Waterbury, for Plaintiff-Appellee Agency of Natural Resources.

Joseph S. McLean of Stitzel, Page & Fletcher, P.C., Burlington, for Plaintiff-Appellee City of South Burlington.

Michael B. Clapp, Burlington, for Defendant-Appellant.

Present AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

SKOGLUND, J.

Defendant Frank Irish appeals from an Environmental Court decision that certain excavation work on his property was in violation of the Vermont Wetland Rules, the City of South Burlington zoning bylaws, and 10 V.S.A. § 1259 (discharge of waste into state waters without a permit). Defendant contends: (1) the Wetland Rules failed to provide adequate notice that the work was occurring in a significant wetland; (2) the area in question had not been validly...

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