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IN RE CHAMPLAIN OIL CO.

No. 03-111.

852 A.2d 622 (2004)

2004 VT 44

In re CHAMPLAIN OIL COMPANY.

Supreme Court of Vermont.

May 14, 2004.

Attorney(s) appearing for the Case

John W. O'Donnell of Bergeron, Paradis & Fitzpatrick, L.L.P., Burlington, for Appellant.

Jon Anderson and Jeremy Farkas of Burak Anderson & Melloni, P.L.C., Burlington, for Appellee.

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

¶ 1. JOHNSON, J.

Appellant, Champlain Oil Company, Inc., appeals from an order of the environmental court granting appellee, R.L. Vallee, Inc.'s, motion for summary judgment on the grounds that Champlain's proposed site usage was illegal and should not have been permitted by the Town of Colchester's planning commission. Champlain argues that the environmental court erred by 1) deciding the case based on a legal theory...

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