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IN RE NORTH EAST MATERIALS GROUP LLC ACT

No. 16-032.

151 A.3d 766 (2016)

2016 VT 87

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.

August 12, 2016.

Attorney(s) appearing for the Case

Laura B. Murphy and 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 Facey, Goss & McPhee, P.C., Rutland, for Appellees North East Materials Group and Rock of Ages.

William H. Sorrell , Attorney General, and Gavin J. Boyles , Assistant Attorney General, Montpelier, for Amicus Curiae State of Vermont.

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

¶ 1. This case is here for the second time, following the Environmental Division's decision on remand that a rock-crushing operation by North East Materials Group LLC (NEMG) is exempt from Act 250 as a preexisting development. The Environmental Division reached the same conclusion in its first decision, but we reversed and remanded...

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