POWNAL DEVELOPMENT CORPORATION
v.
POWNAL TANNING CO., INC., Staff Indus., Inc., Vermont Agency of Natural Resources, and Vermont Department of Taxes
Supreme Court of Vermont.https://leagle.com/images/logo.png
November 17, 2000.
November 17, 2000.
Attorney(s) appearing for the Case
James J. Cormier, Jr., of Cormier and Cormier, Bennington, for Plaintiff-Appellee.
William H. Sorrell, Attorney General, and John H. Hasen and Mark J. Di Stefano, Assistant Attorneys General, Montpelier, for Defendant-Appellant Agency of Natural Resources.
David W. Gartenstein of Downs Rachlin & Martin, PLLC, Brattleboro, for Intervenor Town of Pownal.
Present: MORSE, J., and KATZ, Supr. J., TEACHOUT, Supr. J., ALLEN, C.J. (Ret.), and GIBSON, J. (Ret.), Specially Assigned
Supreme Court of Vermont.
KATZ, Supr. J.
This appeal brings together hoary principles of foreclosure law with contemporary concerns regarding polluted land. The State appeals the trial court's decree of partial foreclosure, arguing that permitting the mortgagee to foreclose on nine valuable parcels, and leave a tenth polluted lot behind, is both inequitable and impermissible under the common law and also contrary to Vermont's Waste Management Act...
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