IN RE McGREW

No. 06-264, 08-023.

974 A.2d 619 (2009)

2009 VT 44

In re Appeal of Barbara McGREW, Daniel Fivel, Jowall Limited Partnership and Leonora, LLC In re Appeal of 114 College Street Permit Application.

Supreme Court of Vermont.

May 1, 2009.


Attorney(s) appearing for the Case

Norman Williams and Ross A. Feldmann of Gravel and Shea, Burlington, for Appellants McGrew, Fivel and Jowall Limited Partnership, and Robert C. Roesler of Doremus, Roesler & Kantor, Burlington, for Appellant Leonora, LLC.

Christina A. Jensen of Lisman, Webster & Leckerling, P.C., Burlington, for Appellee Investors Corporation of Vermont.

Present: REIBER, C.J., JOHNSON, SKOGLUND and BURGESS, JJ., and DAVENPORT, Supr. J., Specially Assigned


¶ 1. REIBER, C.J.

In these consolidated appeals we review the Environmental Court's conditional approval of a proposed ten-story mixed use building to be constructed on the corner of Pine and College Streets in the City of Burlington. We conclude that the court erred in granting a second application that was not substantially changed from the first, and therefore reverse.

¶ 2. The somewhat lengthy procedural background to this appeal may be summarized...

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