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IN RE CHAVES A250 PERMIT RECONSIDER

No. 13-069.

93 A.3d 69 (2014)

2014 VT 5

In re CHAVES A250 PERMIT RECONSIDER and Chaves Londonderry Gravel Pit A250 Permit (Kraig and Doreena Hart, Appellants).

Supreme Court of Vermont.

January 17, 2014.

Attorney(s) appearing for the Case

Hans G. Huessy and Damien J. Leonard of Murphy Sullivan Kronk, Burlington, for Appellants.

Amy Clarise Ashworth and Nathan H. Stearns of Hershenson, Carter, Scott & McGee, P.C., Norwich, for Appellees.

Present: REIBER, C.J., SKOGLUND, BURGESS and ROBINSON, JJ.

REIBER, C.J.

¶ 1. Neighbors Kraig and Doreena Hart appeal an Environmental Division order granting an Act 250 permit to applicants Chaves Londonderry Gravel Pit, LLC and its principal David Chaves for operation of a sand and gravel quarry. Neighbors argue that: (1) modifications made to the project prior to trial were substantial enough to require a remand to the district commission or a continuance of the trial; (2) the court erred in concluding that the noise...

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