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IN RE McEWING SERVICES, LLC

No. 03-078.

857 A.2d 299 (2004)

2004 VT 53

In re Appeal of McEWING SERVICES, LLC.

Supreme Court of Vermont.

June 18, 2004.

Attorney(s) appearing for the Case

Daniel P. O'Rourke of Bergeron, Paradis & Fitzpatrick, L.L.P., Essex Junction, for Appellant.

Paul S. Gillies, Montpelier, for Appellee.

Present: AMESTOY, C.J., JOHNSON, SKOGLUND and REIBER, JJ., and GIBSON, J. (Ret.), Specially Assigned.

¶ 1. JOHNSON, J.

The Town of Moretown Development Review Board denied appellant, McEwing Services, LLC, a conditional use permit for the construction of a telecommunications tower after four months of deliberations. McEwing appealed to the Vermont Environmental Court claiming that the permit was deemed approved, pursuant to 24 V.S.A. § 4407(2) and town zoning regulations, on January 28, 2002 — sixty days after the board held the final duly noticed...

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