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IN RE VERMONT RAILWAY

No. 99-350.

769 A.2d 648 (2000)

In re Appeal of VERMONT RAILWAY.

Supreme Court of Vermont.

Motions for Reargument and Stay Denied January 5, 2001.

Attorney(s) appearing for the Case

Eric R. Benson, Burlington, for Appellant.

Joseph E. McNeil, City Attorney & Corporation Counsel, and Kimberlee J. Sturtevant, Assistant City Attorney, of McNeil, Leddy & Sheahan, Burlington, for Appellee.

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

MORSE, Justice.

Vermont Railway appeals the environmental court's ruling on summary judgment in favor of the City of Burlington. The court determined that the majority of permitting conditions imposed on a facility located at 207 Flynn Avenue in Burlington and owned by Vermont Railway are not preempted by federal legislation. Vermont Railway raises numerous issues on appeal, but essentially argues that the application of the City of Burlington's zoning ordinances...

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