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IN RE CHAMPLAIN PARKWAY SW DISCHARGE PERMIT

No. 20-092.

256 A.3d 75 (2021)

2021 VT 34

IN RE CHAMPLAIN PARKWAY SW DISCHARGE PERMIT (Fortieth Burlington, LLC, Appellant).

Supreme Court of Vermont.

May 14, 2021.

Attorney(s) appearing for the Case

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

Thomas J. Donovan, Jr. , Attorney General, and Robert F. McDougall , Assistant Attorney General, Montpelier, for Appellee Vermont Agency of Natural Resources.

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

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

¶ 1. The City of Burlington and the Vermont Agency of Transportation (VTrans) are jointly in the process of constructing the Champlain Parkway, a roadway project intended to connect Interstate 189 to downtown Burlington and make numerous improvements to the surrounding area. Fortieth Burlington, LLC (Fortieth) owns property adjacent...

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