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LAKE BOMOSEEN ASS'N v. VT WATER RES. BD.

No. 04-220.

886 A.2d 355 (2005)

2005 VT 79

LAKE BOMOSEEN ASSOCIATION v. VERMONT WATER RESOURCES BOARD

Supreme Court of Vermont.

Motion for Reargument Denied August 19, 2005.

Attorney(s) appearing for the Case

Jon T. Anderson of Burak Anderson & Melloni, P.L.C., Burlington, for Plaintiff-Appellant.

William H. Sorrell, Attorney General, and S. Mark Sciarrotta, Assistant Attorney General, Montpelier, for Defendant-Appellee.

Kelly D.H. Lowry of Johnson, Smith, Hibbard & Wildman, Spartanburg, South Carolina, for Intervenor-Appellees Vermont Natural Resources Council and Rutland County Audubon.

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

¶ 1. DOOLEY, J.

Lake Bomoseen Association appeals from a superior court decision dismissing its complaint challenging a wetlands reclassification determination by the Vermont Water Resources Board. The trial court ruled that it lacked jurisdiction because: (1) the statutes governing wetlands reclassifications provide no express right to judicial review, and (2) the reclassification was a rulemaking rather than an adjudicative proceeding and therefore not reviewable...

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