(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.)
109-111 Shelburne St/97 Locust St CU (Vt. Super. Ct. 2017). · cites it 2דMurray filed a Notice of Appeal and cited the “manifest injustice” standard of 10 V.S.A. § 8505(b)(2) as its legal basis.”
Irish Constr. Application (Vt. Super. Ct. 2009). “See 10 V.S.A. § 8505(b). It is telling that the Legislature has created an explicit provision on the waiver of objections that are not raised before this Court, while saying nothing about arguments or objections being waived when they are not raised before a municipal panel.”
Champlain Coll., Inc. 304-306 Maple St. Dormitory Proj. (Vt. Super. Ct. 2007). “8(a), the moving party must show all four of the following criteria: a likelihood of “success on the merits;” that it “will suffer irreparable injury if the stay is not granted;” that the issuance of a stay “will not substantially harm other parties;” and that the “best…”
Unified Buddhist Church, Inc. (Vt. Super. Ct. 2006). “It will be for the Vermont Supreme Court and not this Court to determine, if necessary, whether 10 V.S.A. §8505 applies in any appeal that may be brought to it in the future from a decision of this Court in this case.”
Irish Constr. Application (Vt. Super. Ct. 2009). “See 10 V.S.A. § 8505(b). It is telling that the Legislature has created an explicit provision on the waiver of objections that are not raised before this Court, while saying nothing about arguments or objections being waived when they are not raised before a municipal panel.”
— Vt. Stat. Ann. tit. 10, § 8505(b)(2) — 1 case
109-111 Shelburne St/97 Locust St CU (Vt. Super. Ct. 2017). “Murray filed a Notice of Appeal and cited the “manifest injustice” standard of 10 V.S.A. § 8505(b)(2) as its legal basis.”
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