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IN RE VILLAGE ASSOCIATES ACT 250 LAND USE

No. 09-171.

998 A.2d 712 (2010)

2010 VT 42A

In re VILLAGE ASSOCIATES ACT 250 LAND USE PERMIT.

Supreme Court of Vermont.

June 18, 2010.

Attorney(s) appearing for the Case

Heather Rider Hammond of Gravel and Shea, Burlington, for Appellant.

William H. Sorrell, Attorney General, and Diane E. Zamos, Assistant Attorney General, Montpelier, for Appellee.

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

JOHNSON, J.

¶ 1. Appellant/developer appeals imposition of an off-site mitigation fee assessed pursuant to 10 V.S.A. § 6086(a)(9)(B)(iv) because of the presence of 10.85 acres of "primary agricultural soils" on the site of a proposed affordable housing development.1 Developer contends that the Environmental Court erred by refusing to consider the cost of removing trees from the land in assessing whether it should be classified...

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