I asked our town clerk, Tara Rogerson, about the scheduled proceedings at the Environmental Court, and here is her reply:
You're right.... there are two appeals pending - Jones/Leinoff appeal for
party status, and the appeal of the ZBA decision. While we've received
court filings, the town received nothing with regards to this scheduled
hearing... which I have corrected for future filings/hearings.
This matter has been appealed to the Environmental Court under Vermont Rules
of Environmental Court Proceedings Rule 5. All appeals under this rule are
de novo.
The phone conference scheduled for this Monday on both matters is an initial
pre-hearing status conference. V.R.E.C.P. 2 sets forth what may be
considered at the initial conference, including party status, whether to
advance or combine issues, the necessity of site visits, or even
dismissal/summary judgments.
Of course, any decision of the Environmental Court is appealable (if
distinguishable) to the Supreme Court. Let me know if I can be of further
assistance.
Tara
Wednesday, September 17, 2008
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