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IN RE TIMES AND SEASONS, LLC

No. 10-154.

27 A.3d 323 (2011)

2011 VT 76

In re TIMES AND SEASONS, LLC Act 250 Reconsideration.

Supreme Court of Vermont.

July 8, 2011.

Attorney(s) appearing for the Case

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

William H. Sorrell , Attorney General, and Thea J. Schwartz , Assistant Attorney General, Montpelier, for Appellee State of Vermont.

Geoffrey H. Hand , Rebecca E. Boucher , and Elizabeth H. Catlin of Shems Dunkiel Raubvogel & Saunders PLLC, Burlington, for Appellee Town of Royalton Planning Commission.

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

JOHNSON, J.

¶ 1. Applicant Times and Seasons, LLC, appeals from the Environmental Court's grant of summary judgment to the Natural Resources Board and corresponding denial of applicant's Act 250 permit application to construct and operate a gift shop and deli with related improvements on Dairy Hill Road in the Town of Royalton. Applicant argues that it may avail itself of the definition of "primary agricultural soils" in 10 V.S.A. § 6001(15) amended during...

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