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IN RE KISIEL

No. 98-371.

772 A.2d 135 (2000)

In re Mark and Pauline KISIEL.

Supreme Court of Vermont.

Motion for Reargument Denied March 22, 2001.

Attorney(s) appearing for the Case

Paul Gillies of Tarrant, Marks & Gillies, Montpelier, and William H. Meub of Keyser Crowley, P.C., Rutland, for Appellants.

Joseph S. McLean of Stitzel, Page & Fletcher, P.C., Burlington, for Appellee.

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

DOOLEY, J.

Landowners Mark and Pauline Kisiel appeal the Environmental Board's decision denying their application for an Act 250 permit to subdivide and develop a 158-acre tract of land into five residential lots in the Town of Waitsfield. The permit was denied on several grounds, but landowners challenge only the Board's conclusion that their project was not in compliance with two provisions of the town plan. We conclude that, in reaching its challenged decision...

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