Notes of Decisions
Okemo Mountain Sch., No. 81-7-15 Vtec (Vt. Super. Ct. Nov. 23, 2016).
· cites it 5× “24 V.S.A. § 1206. A DRB decision must state findings of fact “based exclusively on evidence of the record in the contested hearing,” and legal conclusions that are based on those findings of fact.”
Appeal of Tepper, No. 225-12-04 Vtec (Vt. Super. Ct. Feb. 8, 2006).
· cites it 4× “Of the issues presented in Appellant‐Applicants’ Statement of Questions, the parties have narrowed the contested issues to the following: (a) Did the DRB comply with the Vermont Municipal Administrative Procedures Act (the MAPA), specifically 24 V.S.A. § 1206, with respect to…”
Zaremba Grp. Dollar Gen. CU, No. 32-3-14 Vtec (Vt. Super. Ct. Dec. 22, 2014).
· cites it 3× “§ 1209(b);3 2) supporting findings of fact with evidence outside the record in violation of 24 V.S.A. §§ 1206(a);4 3) basing conclusions of law on findings of fact supported by evidence outside the record in violation of 24 V.”
Byrne Trust NOV, No. 150-7-08 Vtec (Vt. Super. Ct. July 15, 2009).
· cites it 3× “See 24 V.S.A. § 1206(a) (“All testimony of parties and witnesses must be made under oath or affirmation.”
Brandon Plaza Conditional Use Permit, No. 128-8-10 Vtec (Vt. Super. Ct. Mar. 26, 2012).
· cites it 2× “§ 1204 and k the evidentiary rules established in 24 VSA § 1206. See 24 V..SA. 4471(b). Section 1206 requires such municipalities to follow the Vermont Rules of Evidence when addressing land use proposals See 24 V.”
Stanion NOV, No. 129-11-15 Vtec (Vt. Super. Ct. July 18, 2017).
“; 24 V.S.A. § 1206. A statement by an attorney 8 or a DRB member, or any other person who is not sworn in as a witness, is not evidence.”
P & R Assocs., LLC, No. 74-6-12 Vtec (Vt. Super. Ct. Feb. 1, 2013).
“§ 1205(c)) and the swearing in of witnesses 24 V.S.A. § 1206(a)). Although MAPA requires AMPs to give parties, including interested persons, an opportunity “to respond and present evidence and argument on all issues involved” (24 V.”
Vt. Stat. Ann. tit. 24, § 1206(a): 4 cases
Zaremba Grp. Dollar Gen. CU, No. 32-3-14 Vtec (Vt. Super. Ct. Dec. 22, 2014).
“§ 1209(b);3 2) supporting findings of fact with evidence outside the record in violation of 24 V.S.A. §§ 1206(a);4 3) basing conclusions of law on findings of fact supported by evidence outside the record in violation of 24 V.”
Byrne Trust NOV, No. 150-7-08 Vtec (Vt. Super. Ct. July 15, 2009).
“See 24 V.S.A. § 1206(a) (“All testimony of parties and witnesses must be made under oath or affirmation.”
P & R Assocs., LLC, No. 74-6-12 Vtec (Vt. Super. Ct. Feb. 1, 2013).
“§ 1205(c)) and the swearing in of witnesses 24 V.S.A. § 1206(a)). Although MAPA requires AMPs to give parties, including interested persons, an opportunity “to respond and present evidence and argument on all issues involved” (24 V.”
Appeal of Tepper, No. 225-12-04 Vtec (Vt. Super. Ct. Feb. 8, 2006).
“Of the issues presented in Appellant‐Applicants’ Statement of Questions, the parties have narrowed the contested issues to the following: (a) Did the DRB comply with the Vermont Municipal Administrative Procedures Act (the MAPA), specifically 24 V.S.A. § 1206, with respect to…”
Vt. Stat. Ann. tit. 24, § 1206(b): 5 cases
Okemo Mountain Sch., No. 81-7-15 Vtec (Vt. Super. Ct. Nov. 23, 2016).
“24 V.S.A. § 1206. A DRB decision must state findings of fact “based exclusively on evidence of the record in the contested hearing,” and legal conclusions that are based on those findings of fact.”
Brandon Plaza Conditional Use Permit, No. 128-8-10 Vtec (Vt. Super. Ct. Mar. 26, 2012).
“§ 1204 and k the evidentiary rules established in 24 VSA § 1206. See 24 V..SA. 4471(b). Section 1206 requires such municipalities to follow the Vermont Rules of Evidence when addressing land use proposals See 24 V.”
Byrne Trust NOV, No. 150-7-08 Vtec (Vt. Super. Ct. July 15, 2009).
“See 24 V.S.A. § 1206(a) (“All testimony of parties and witnesses must be made under oath or affirmation.”
Vt. Stat. Ann. tit. 24, § 1206(c): 2 cases
Appeal of Tepper, No. 225-12-04 Vtec (Vt. Super. Ct. Feb. 8, 2006).
“Of the issues presented in Appellant‐Applicants’ Statement of Questions, the parties have narrowed the contested issues to the following: (a) Did the DRB comply with the Vermont Municipal Administrative Procedures Act (the MAPA), specifically 24 V.S.A. § 1206, with respect to…”
Okemo Mountain Sch., No. 81-7-15 Vtec (Vt. Super. Ct. Nov. 23, 2016).
“24 V.S.A. § 1206. A DRB decision must state findings of fact “based exclusively on evidence of the record in the contested hearing,” and legal conclusions that are based on those findings of fact.”
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