IN RE S-S CORP./ROONEY HOUSING DEVELOPMENTS

No. 04-080.

896 A.2d 67 (2006)

2006 VT 8

In re Appeal of S-S CORPORATION/ROONEY HOUSING DEVELOPMENTS.

Supreme Court of Vermont.

January 13, 2006.


Attorney(s) appearing for the Case

Robert A. Gensburg of Gensburg, Atwell & Broderick, St. Johnsbury, for Appellant.

William H. Sorrell, Attorney General, Kevin Leske, Assistant Attorney General, and Jill K. Reymore, Law Clerk (on the Brief), Montpelier, for Amicus Curiae State of Vermont.

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


¶ 1. SKOGLUND, J.

S-S Corporation1 appeals an Environmental Board declaratory ruling requiring it to obtain an Act 250 permit for two houses it constructed for use as residential care facilities. The Board concluded the construction of the houses was "development" under 10 V.S.A. § 6001(3)(A)(iv) and Environmental Board Rule 2(A)(1)(c) because together they consist of ten or more units and are "commercial dwellings" under Rule...

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