Preseault, In re, No. 139-71

Docket NºNo. 139-71
Citation292 A.2d 832, 130 Vt. 343
Case DateJune 06, 1972
CourtUnited States State Supreme Court of Vermont

Page 832

292 A.2d 832
130 Vt. 343, 2 Envtl. L. Rep. 20,466
In re J. Paul and Patricia A. PRESEAULT.
No. 139-71.
Supreme Court of Vermont.
June 6, 1972.

[130 Vt. 344]

Page 833

Paul, Frank & Collins, Burlington, for plaintiff.

Gravel & Shea, Burlington, for defendant.

Before [130 Vt. 343] SHANGRAW, C. J., BARNEY, KEYSER and DALEY, JJ., and MARTIN, Superior Judge.

[130 Vt. 344] SHANGRAW, Chief Justice.

This is our first confrontation with the Vermont Land Use and Development Act passed by the 1969 Adjourned Session of the Legislature as Act No. 250. It is now codified as 10 V.S.A. Chapter 151.

To administer the regulations and plans provided for by the Act a statewide Environmental Board was created. 10 V.S.A. § 6021. Below the Environmental Board are seven District Environmental Commissions which are charged with the enforcement of the Act at the local level. 10 V.S.A. § 6026. See generally Walker, The Law of the Land: Development Legislation in Maine and Vermont, 23 Maine L.Rev. 315 (1971).

This proceeding was commenced by the applicants, J. Paul and Patricia A. Preseault, when they filed an application for an environmental permit with the District Environmental Commission. 10 V.S.A. § 6083. In their application the Preseaults sought an environmental permit for 76 apartments they plan to construct on a parcel of property they own in the City of Burlington. Notice of the application was published in a local paper, and actual notice was given to the City of Burlington, the Burlington Planning Commission, and the Chittenden County Regional Planning Commission. See 10 V.S.A. § 6084.

At the request of some eighteen adjoining property owners, who objected to the issuance of the environmental permit sought by the Preseaults, the District Commission held hearings[130 Vt. 345] on the application at four separate sessions. 10 V.S.A. § 6085(a). Included in the hearings was a visit to the site of the planned development. On June 8, 1971, the District Commission denied the application stating the proposed project would cause unreasonable soil erosion or reduction of the capacity of the land to hold water so that a dangerous or unhealthy condition may result. Also the proposed project can only aggravate the existing traffic problem on North Avenue, and that the minimum distance (five feet) of the private road from the property of the adjacent landowners is a threat to the safety and welfare of the adjacent landowners and increases the probability of encroachment.

An appeal was then taken by the applicants to the Environmental Board where they requested a de novo hearing on the findings of fact and conclusions of law adverse to the applicants made by the District Commission when it rejected their application.

Page 834

10 V.S.A. § 6089. Soon after, counsel for the adjoining property owners filed a notice of appearance with the Environmental Board. At the commencement of the hearing before the Environmental Board, the Board ruled the adjoining property owners were not entitled to participate as parties because of 10 V.S.A. § 6085(c) which states as follows:

'Parties shall be those who have received notice, adjoining property owners who have requested a hearing, and such other persons as the board may allow by rule. For the purposes of appeal only the applicant, a state agency, the regional and municipal planning commissions and the municipalities required to receive notice shall be considered parties.'

After hearing was completed, the Environmental Board voted to issue the environmental permit sought by the Preseaults.

At this point the adjoining property owners appealed to this Court from the ruling of the Environmental Board which denied them the right to appear as parties at the hearing before the Board. The applicants then filed a motion to dismiss this appeal alleging the adjoining property owners were not a party before the Environmental Board, and therefore could not appeal to this Court pursuant to 10 V.S.A. § 6089(b) which...

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44 practice notes
  • Rutz v. Essex Junction Prudential Committee, No. 82-087
    • United States
    • Vermont United States State Supreme Court of Vermont
    • January 27, 1983
    ...is, dealing with the same general subject matter, must be read together and construed as parts of a statutory system. In re Preseault, 130 Vt. 343, 346, 292 A.2d 832, 834 Applying this rule, we approve as a sound starting point the defendants' argument that 16 V.S.A. § 563 grants to school ......
  • Deveneau v. Wielt, No. 14–330.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • March 4, 2016
    ...as to the Legislature's intent concerning injuries to drivers on public highways as a result of unenclosed livestock. See In re Preseault, 130 Vt. 343, 346, 292 A.2d 832, 834 (1972) (holding that statutes pertaining to the same subject “are to be construed with reference to each other as pa......
  • S.B.L., In re, No. 84-578
    • United States
    • Vermont United States State Supreme Court of Vermont
    • August 26, 1988
    ...legislature to deny the right to appeal, we have found such a denial only where the legislature has spoken clearly. See In re Preseault, 130 Vt. 343, 346, 292 A.2d 832, 834 (1972). Where as here there is ambiguity, we resolve the ambiguity in favor of appellate Having decided that the prohi......
  • State v. Fuller, No. 94-441
    • United States
    • Vermont United States State Supreme Court of Vermont
    • April 14, 1995
    ...subject matter and have the same purpose, they should be "construed with reference to each other as parts of one system." In re Preseault, 130 Vt. 343, 346, 292 A.2d 832, 834 Significantly, we have already read § 5234 of the public defender act and § 1202 in pari materia to carry out the in......
  • Request a trial to view additional results
44 cases
  • Rutz v. Essex Junction Prudential Committee, No. 82-087
    • United States
    • Vermont United States State Supreme Court of Vermont
    • January 27, 1983
    ...is, dealing with the same general subject matter, must be read together and construed as parts of a statutory system. In re Preseault, 130 Vt. 343, 346, 292 A.2d 832, 834 Applying this rule, we approve as a sound starting point the defendants' argument that 16 V.S.A. § 563 grants to school ......
  • Deveneau v. Wielt, No. 14–330.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • March 4, 2016
    ...as to the Legislature's intent concerning injuries to drivers on public highways as a result of unenclosed livestock. See In re Preseault, 130 Vt. 343, 346, 292 A.2d 832, 834 (1972) (holding that statutes pertaining to the same subject “are to be construed with reference to each other as pa......
  • S.B.L., In re, No. 84-578
    • United States
    • Vermont United States State Supreme Court of Vermont
    • August 26, 1988
    ...legislature to deny the right to appeal, we have found such a denial only where the legislature has spoken clearly. See In re Preseault, 130 Vt. 343, 346, 292 A.2d 832, 834 (1972). Where as here there is ambiguity, we resolve the ambiguity in favor of appellate Having decided that the prohi......
  • State v. Fuller, No. 94-441
    • United States
    • Vermont United States State Supreme Court of Vermont
    • April 14, 1995
    ...subject matter and have the same purpose, they should be "construed with reference to each other as parts of one system." In re Preseault, 130 Vt. 343, 346, 292 A.2d 832, 834 Significantly, we have already read § 5234 of the public defender act and § 1202 in pari materia to carry out the in......
  • Request a trial to view additional results

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