Baptist Fellowship of Randolph, Inc., In re, 83-380

• Decision Date: 03 August 1984
• Docket Number: No. 83-380,83-380
• Citation: 481 A.2d 1274,144 Vt. 636
• Court: Vermont Supreme Court
• Parties: In re BAPTIST FELLOWSHIP OF RANDOLPH, INC.

Page 1274

481 A.2d 1274

144 Vt. 636

In re BAPTIST FELLOWSHIP OF RANDOLPH, INC.

No. 83-380.

Supreme Court of Vermont.

Aug. 3, 1984.

Peter B. Brittin, Middlesex, for plaintiff-appellant.

John J. Easton, Jr., Atty. Gen., and Meredith Wright, Asst. Atty. Gen., Montpelier, for defendant-appellee.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ. BILLINGS, Chief Justice.

The Baptist Fellowship of Randolph, Inc. (Church) appeals from an order of the Orange Superior Court granting the Vermont Agency of Environmental Conservation's (State) motion for summary judgment. In granting the State's motion, the court found that the Church's construction of a meetinghouse was subject to the requirements of Chapter 151, Title 10, Vermont Statutes Annotated (Act 250).

In early 1981, the Church commenced construction of its meetinghouse. The project called for the construction of a 36' by 80' two story church on a one acre lot within a 33.6 area tract of land owned by the Church. In July, 1981, the State advised the Church to cease construction until all necessary permits were received, pursuant to 10 V.S.A. §§ 6003-6604. The Church, in order to complete construction, entered into an "assurance of discontinuance" agreement with the State, wherein it agreed to submit to the Act 250 process while reserving its right to appeal the issue of the Act's jurisdiction over its construction project. In return, the State agreed to refrain from prosecuting. The Church received a land use permit in September, 1981. Subsequently, it filed its notice of appeal and, pursuant to 10 V.S.A. § 6089(a), its notice of removal of the appeal from the State Environmental Board to the superior court. In March, 1983, the parties entered into a stipulation of facts and agreed that the case could be decided on cross-motions for summary judgment. V.R.C.P. 56.

In July, 1983, the court issued its findings of fact, conclusions of law and judgment. The court concluded that the Church's plans to construct a church fell within the definition of "development" as used in 10 V.S.A. § 6001(3), and that, therefore, the State "had proper jurisdiction to review the Church's plans in light of the criteria contained in 10 V.S.A. § 6086 and either grant or deny a land use permit under 10 V.S.A. § 6081(a)."

In reviewing the act of an administrative agency, this Court begins its reviewing process with the presumption that the act complained of "is correct and that the orders and decisions of the administrative body are valid and reasonable." In re Devoid, 130 Vt. 141, 148, 287 A.2d 573, 577 (1972). Where an agency's enabling legislation authorizes it to promulgate rules and regulations to carry out its statutory responsibilities, the validity of those rules, and the interpretations which the agency gives to them, will be upheld if they are reasonably related to the purposes of the enabling legislation. Committee to Save the Bishop's House, Inc. v. Medical Center Hospital of Vermont, Inc., 137 Vt. 142, 150, 400 A.2d 1015, 1019 (1979); In re Brooks, 130 Vt. 83, 85-86, 286 A.2d 279, 281 (1971). And, since the Church does not contest the findings of the superior court, these findings are controlling and "will be read to support the judgment if they reasonably may be." Brattleboro Child Development, Inc. v. Town of Brattleboro, 138 Vt. 402, 406, 416 A.2d 152, 155 (1980).

The sole issue on appeal is whether the Church building is a "development" under Act 250. Under 10 V.S.A. § 6001(3) development is defined as:

the construction of improvements on a tract or tracts of land, owned by or controlled by a person, involving more than 10 acres of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes. (Emphasis added.)

Pursuant to 10 V.S.A. § 6025, the State has adopted certain rules to assist in the interpretation and administration of Act 250. Environmental Board Rule 2(L) defines commercial purpose, as used in 10 V.S.A. § 6001(3), as:

the provision of facilities, goods or services by a person other than for a municipal or state purpose to others in exchange for payment of a purchase price, fee, contribution, donation or other object having value.

The Church concedes that, under Rule 2(L), it provides a facility to others for purposes that are neither municipal nor state. It contends, however, that the phrase "in exchange for" imposes a requirement that the facility be available only to those who, wishing to use the facility, pay to the Church a "purchase price, fee, contribution, donation or other object having value." Since the court found that the Church does not require the users...