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IN RE EUSTANCE ACT 250 JURIS. OPINION (NO. 2-231)

No. 07-156.

970 A.2d 1285 (2009)

2009 VT 16

In re EUSTANCE ACT 250 JURISDICTIONAL OPINION (# 2-231) (Robert and Lourdes Eustance, Appellants).

Supreme Court of Vermont.

March 13, 2009.

Attorney(s) appearing for the Case

Elizabeth A. Boepple of Witten, Woolmington, Campbell & Boepple, P.C., Manchester Center, for Appellants.

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

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

DOOLEY, J.

¶ 1. Robert and Lourdes Eustance appeal an Environmental Court order that required an Act 250 permit amendment for the construction of improvements to their property. The Eustances argue that the improvements they constructed were for alpaca farming and thus are exempt from Act 250 review under 10 V.S.A. § 6001(3)(D)(i). We disagree that the farming exemption applies and affirm.

¶ 2. The following facts are not disputed. The Eustances...

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