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IN RE CHAMPLAIN PARKWAY WETLAND COND. USE

No. 17-413.

202 A.3d 953 (2018)

2018 VT 123

IN RE CHAMPLAIN PARKWAY WETLAND CONDITIONAL USE DETERMINATION (FORTIETH BURLINGTON, LLC, APPELLANT).

Supreme Court of Vermont.

November 9, 2018.

Reargument Denied December 3, 2018.

Attorney(s) appearing for the Case

Judith L. Dillon of Lisman Leckerling, P.C., Burlington, for Appellant.

Thomas J. Donovan, Jr. , Attorney General, and Nicholas F. Persampieri , Assistant Attorney General, Montpelier, for Appellee Agency of Natural Resources.

Jonathan T. Rose and Brian S. Dunkiel of Dunkiel Saunders Elliott Raubvogel & Hand, PLLC, Burlington, for Appellee City of Burlington.

PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ.

¶ 1. This appeal arises following the decision of the Agency of Natural Resources (ANR) extending the City of Burlington's 2011 Conditional Use Determination (2011 CUD), which permitted the City to commence construction on the Champlain Parkway project. Appellant Fortieth Burlington, LLC (Fortieth) contests ANR's approval of the permit...

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