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IN RE JOLLEY ASSOCIATES

No. 05-196.

915 A.2d 282 (2006)

2006 VT 132

In re Appeal of JOLLEY ASSOCIATES (Town of Shelburne, Appellant).

Supreme Court of Vermont.

December 15, 2006.

Attorney(s) appearing for the Case

Merideth Wright, J.

Joseph S. McLean of Stitzel, Page & Fletcher, P.C., Burlington, for Appellant.

Howard J. Seaver of Greene, Seaver & Carver, P.C., Burlington, for Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

BURGESS, J.

¶ 1. The Town of Shelburne appeals an Environmental Court ruling on summary judgment that allows Jolley Associates ("Jolley") to proceed with its application for a proposed gas station and convenience store on Route 7 in Shelburne. The Town argues that the court exceeded its jurisdiction and that further consideration of Jolley's proposed development should be precluded because its conditional use application was already once denied on the merits...

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