IN RE LYON

No. 04-231.

882 A.2d 1143 (2005)

2005 VT 63

In re William and Ann LYON.

Supreme Court of Vermont.

Motion for Reargument Denied July 26, 2005.


Attorney(s) appearing for the Case

John W. Lyon of Otterman and Allen, P.C., Barre, for Appellants.

David John Mullett of David John Mullett, P.C., Montpelier, for Appellee.

William H. Sorrell, Attorney General, S. Mark Sciarrotta, Assistant Attorney General, and Abigail Doolittle, Law Clerk (on the Brief), Montpelier, for Amicus Curiae State of Vermont.

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


¶ 1. SKOGLUND, J.

Appellants William and Ann Lyon appeal the revocation of wastewater permit issued by the Agency of Natural Resources. The Lyons owned three separate adjacent parcels of land in Northfield, Vermont: a parcel with a single family house; a small lot that was a pre-existing lot as defined by the Wastewater System and Potable Water Supply Rules and therefore exempt from permitting (the pre-existing lot); and another small lot arguably eligible for...

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