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IN RE TIMES & SEASONS, LLC

No. 05-409.

950 A.2d 1189 (2008)

2008 VT 7

In re Appeal of TIMES & SEASONS, LLC and Hubert K. Benoit.

Supreme Court of Vermont.

Motion for Reargument Denied March 14, 2008.

Attorney(s) appearing for the Case

David L. Grayck of Cheney, Brock & Saudek, P.C., Montpelier, for Appellant.

Geoffrey H. Hand and Rebecca Boucher of Shems Dunkiel Kassel & Saunders, PLLC, Burlington, for Appellee Royalton Planning Commission.

William H. Sorrell, Attorney General, and Rebecca Ellis, Assistant Attorney General, Montpelier, for Amicus Curiae State of Vermont.

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

¶ 1. REIBER, C.J.

Applicant Times and Seasons, LLC, appeals from the Environmental Board's denial of its request for an Act 250 permit to construct a large gift shop and deli on Dairy Hill Road in the Town of Royalton. Applicant argues that the Board erred in concluding that its project would have an undue adverse aesthetic impact; that it would significantly reduce the agricultural potential of the primary agricultural soils; and that it did not comply with...

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