ELR Citation: ELR 20466
No(s). 139-71 (Vt. Jun 6, 1972)

Owners of property adjoining the proposed site of 76 apartments in Burlington, Vermont, have the right to appear as parties at hearings before the Environmental Board on appeal from a District Environmental Commission order denying an environmental permit for those apartments. Because the hearings before the Environmental Board are de novo under the Vermont Land Use and Development Act, a just interpretation of that statute requires that the adjoining property owners be parties regardless of the contrary literal meaning of the Act.

Counsel for Appellants
Paul, Frank & Collins
P.O. Box 527
Burlington, VT 05401

Counsel for Applicants
Gravel & Shea
Box 237
Burlington, VT 05401

Counsel for State of Vermont
Attorney General
Pavilion Office Bldg.
Montpelier, VT