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IN RE KORROW REAL ESTATE

No. 17-133.

187 A.3d 1125 (2018)

2018 VT 39

IN RE KORROW REAL ESTATE, LLC ACT 250 PERMIT AMENDMENT APPLICATION. (State of Vermont, Appellant).

Supreme Court of Vermont.

April 13, 2018.

Attorney(s) appearing for the Case

Thomas J. Donovan, Jr. , Attorney General, and Kyle H. Landis-Marinello , Assistant Attorney General, Montpelier, for Appellant.

L. Brooke Dingledine of Valsangiacomo, Detora & McQuesten, P.C., Barre, and David L. Grayck of Law Office of David L. Grayck, Montpelier, for Appellee.

PRESENT: Reiber, C.J., Robinson, Eaton and Carroll, JJ., and Wesley, Supr. J. (Ret.), Specially Assigned.

¶ 1. The District 5 Commission denied Korrow Real Estate, LLC's as-built application for an Act 250 permit to construct a barn on property alongside the Dog and Stony Brook Rivers, finding the project failed to comply with Act 250 Criteria 1(D) and 1(F). In doing so, the Commission construed key terms as defined by the Agency of Natural...

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