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IN RE PETITION OF APPLE HILL SOLAR LLC

No. 22-AP-286.

311 A.3d 117 (2023)

2023 VT 57

IN RE PETITION OF APPLE HILL SOLAR LLC.

Supreme Court of Vermont.

October 27, 2023.

Motion for Reargument Denied December 12, 2023.

Motion to Stay Mandate Denied December 19, 2023.

Attorney(s) appearing for the Case

Michael Melone , Allco Renewable Energy Limited, New Haven, Connecticut, for Appellant.

Ben Civiletti , Special Counsel, Montpelier, for Appellee Department of Public Service.

L. Brooke Dingledine of Valsangiacomo, Detora & McQuesten, P.C., Barre, for Appellee Apple Hill Homeowners Association.

Charity R. Clark, Attorney General, and Laura B. Murphy, Assistant Attorney General, Montpelier, for Amicus Curiae State of Vermont.

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

¶ 1. Petitioner Allco Renewable Energy Limited appeals from the Public Utility Commission's denial of its request for a certificate of public good (CPG) to construct a solar energy project in Bennington, Vermont. We affirm.

¶ 2. Under Vermont law, a company desiring to build an in-state electric generation facility...

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