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IN RE JENNESS AND BERRIE

No. 07-318.

968 A.2d 316 (2008)

2008 VT 117

In re Appeal of JENNESS and BERRIE.

Supreme Court of Vermont.

September 5, 2008.

Attorney(s) appearing for the Case

Thomas W. Costello of Costello Wright and Timothy J. O'Connor, Jr. of O'Connor Law Offices, Brattleboro, for Appellants.

Robert M. Fisher of Fisher & Fisher Law Offices, Brattleboro, for Appellee Town of Dummerston.

Walter G. French, West Dummerston, for Appellees/Cross-Appellants Enello.

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and GREARSON, D.J., Specially Assigned.

REIBER, C.J.

¶ 1. This appeal from the Environmental Court raises three issues. The first, raised by permit applicants Jenness and Berrie, is whether the court erred in concluding that a lot they owned was not entitled to an existing-small-lot exemption under 24 V.S.A. § 4406(1).1 The second issue, raised on cross-appeal by neighboring landowners, is whether the Environmental Court erred in holding that an existing small lot...

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