In re Ranney Dairy Farm, LLC, 22-ENV-00018

Citation22-ENV-00018
Case DateSeptember 27, 2022
CourtSuperior Court of Vermont

Ranney Dairy Farm, LLC Major Subdivision Appeal

No. 22-ENV-00018

Superior Court of Vermont

September 27, 2022


Title: Motion to Reconsider (Motion: 5)

Filer: Fletcher D. Proctor Filed

ENTRY REGARDING MOTION

Thomas G. Walsh, Judge

The motion is GRANTED.

DECISION ON MOTION TO RECONSIDER

Ranney Dairy Farm, LLC (Applicant) seeks permission to subdivide a parcel it owns in the Town of Westminster (Town). In a January 3, 2022, decision, the Town Development Review Board (DRB) granted approval with conditions. Subsequently, adjacent property owners (Neighbors) appealed the DRB's decision to our Court. Presently before the Court is Neighbors' Motion to Reconsider the Court's decision regarding Neighbors' Motion to Amend Question 15 of their Statement of Questions.

Procedural History The procedural history most relevant to Neighbors' motion to reconsider is as follows:

January 28, 2022: Neighbors filed their notice of appeal to the Environmental Division
February 22, 2022: Neighbors filed their Statement of Questions
April 1, 2022: Applicant filed a Motion to Dismiss all but Question 6
April 11, 2022: The Court held the initial conference with the parties
April 25, 2022: Neighbors opposed the Applicant's Motion to Dismiss.
May 31, 2022: The Court granted in part and denied in part Applicant's Motion to Dismiss.

The Court ordered:

1
For all the reasons stated above, we PARTIALLY GRANT Applicant's motion to dismiss the Statement of Questions. Questions 7, 8, 9, 11, and 12 are dismissed. Further, we order Neighbors to clarify Questions 10, 13, and 14 by Friday, June 17, 2022, in a manner that reflects that this is a de novo appeal; if they do not clarify those Questions by that time, we will dismiss them as well. The motion is Denied as to Questions 1-5 and Questions 15-16, although we order Questions 15 and 16 to be restated as phrased above.

Ranney Dairy Farm, LLC Major Subdivision Appeal, No. 22-ENV-00018, slip op. at 7 (Vt. Super. Ct. Envtl. Div. May 31, 2022) (Walsh, J.).

June 17, 2022: Neighbors failed to file an Amended Statement of Questions restating Questions 10, 13, and 14 by this deadline.

July 25, 2022: The Court held a status conference with the parties. On the record, the Court dismissed Questions 10, 13 and 14, in accordance with its decision on May 31st. Additionally, in response to the Neighbors' request to broaden Question 15 and over the objection of Applicant, the Court ordered verbally from the bench:

On or before August 5th, which is a week from Friday, the Appellant may restate Question 15. I suggest, Attorney Proctor, that when you have 15 restated, a draft of it, you share it with Attorney Angell and Attorney Slason, and the three of you might perfect how it should read. If you can't reach an agreement, then file your suggestion, and Attorney Angell can respond to it if he has a disagreement with what is stated.

July 25 Status Conference at 9:51, Ranney Dairy Farm, LLC Major Subdivision Appeal, No. 22-ENV-00018 (Vt. Super. Ct. Envtl. Div. July 25, 2022) (Walsh, J.).

August 5, 2022: Neighbors failed to file an Amended Statement of Questions restating Question 15 by this deadline.

August 13, 2022: Neighbors filed a motion to amend Question 15.

August 15, 2022: Applicant opposed the motion to amend.

August 18, 2022: Neighbors replied with...

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