IN RE AGENCY OF TRANSP.

No. 90-299.

596 A.2d 358 (1991)

In re AGENCY OF TRANSPORTATION.

Supreme Court of Vermont.

July 12, 1991.


Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and Scott A. Whitted, Asst. Atty. Gen., Montpelier, for plaintiff-appellant.

Stephanie J. Kaplan, Executive Officer, and Aaron Adler, Asst. Executive Officer, Montpelier, for amicus curiae Environmental Bd.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


MORSE, Justice.

We are asked if a highway necessity determination in superior court may be modified under Act 250 with respect to cattle passes. The Agency of Transportation (AOT) appeals an Environmental Board decision requiring it to install, as part of a highway improvement project, a larger cattle pass than was found necessary at a superior court condemnation proceeding. We affirm.

I.

AOT filed a necessity petition in the superior court, 19 V...

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