IN RE NORTH EAST MATERIALS GROUP LLC ACT

No. 14-190.

127 A.3d 926 (2015)

2015 VT 79

In re NORTH EAST MATERIALS GROUP LLC ACT 250 JO # 5-21 (Russell Austin, Pamela Austin, Julie Barre, Marc Bernier, et al., Appellants).

Supreme Court of Vermont.

July 17, 2015.


Attorney(s) appearing for the Case

Douglas A. Ruley , Environmental and Natural Resources Law Clinic, South Royalton, for Appellants.

Alan P. Biederman of Biederman Law Office, and James P.W. Goss of Kenlan, Schwiebert, Facey & Goss, P.C., Rutland, for Appellees.

Present: DOOLEY, SKOGLUND, ROBINSON and EATON, JJ., and MORSE, J. (Ret.), Specially Assigned.


¶ 1. This case calls upon us to consider whether a post-1970 rock-crushing operation is exempt from Act 250 because it is located on a site within a large tract that includes multiple quarries and is a pre-1970 development itself exempt from Act 250 permitting requirements. The Superior Court, Environmental Division concluded that...

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