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APPLICATION OF BUTTOLPH

No. 132-79.

420 A.2d 859 (1980)

In re Application of BUTTOLPH (Milton and Beatrice Barnes, Appellants).

Supreme Court of Vermont.

September 8, 1980.

Attorney(s) appearing for the Case

Lynch & Foley, Middlebury, for plaintiffs.

James H. Ouimette, Vergennes, for defendants.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

LARROW, Justice.

Edward and Barbara Buttolph (applicants) filed an application with the Water Resources Board, under 10 V.S.A. § 1083, to construct a stormwater impoundment with a capacity in excess of 500,000 cubic feet on an unnamed tributary of Otter Creek in the Town of Middlebury. Following a hearing before a referee, preliminary findings of fact were issued, amended by the Board in two particulars, and adopted as so amended. A subsequent order issued, finding...

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