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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 10 : Conservation and Development

Chapter 220 : CONSOLIDATED ENVIRONMENTAL APPEALS

(Cite as: 10 V.S.A. § 8505)
  • § 8505. Appeals to the Supreme Court

    (a) Any person aggrieved by a decision of the Environmental Division pursuant to this subchapter, any party by right, or the Board may appeal to the Supreme Court within 30 days of the date of the entry of the order or judgment appealed from, provided that:

    (1) the person was a party to the proceeding before the Environmental Division; or

    (2) the decision being appealed is the denial of party status; or

    (3) the Supreme Court determines that:

    (A) there was a procedural defect that prevented the person from participating in the proceeding; or

    (B) some other condition exists that would result in manifest injustice if the person's right to appeal were disallowed.

    (b) An objection that has not been raised before the Environmental Division may not be considered by the Supreme Court, unless the failure or neglect to raise that objection is excused by the Supreme Court because of extraordinary circumstances.

    (c) Only the Attorney General may represent the State in all appeals under this section. (Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 154 (Adj. Sess.), § 236.)