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IN RE KATZENBACH A250 PERMIT #7R1374-1

No. 21-AP-189.

287 A.3d 36 (2022)

2022 VT 42

IN RE KATZENBACH A250 PERMIT #7R1374-1 (Christian Katzenbach & Clark Katzenbach, Appellants).

Supreme Court of Vermont.

September 9, 2022.

Attorney(s) appearing for the Case

David L. Grayck , Montpelier, for Appellants.

James W. Barlow of James W. Barlow PLC, Danville, for Interested Party Town of Albany.

Thomas J. Donovan, Jr. , Attorney General, and Melanie Kehne , Assistant Attorney General, Montpelier, for Appellee Vermont Natural Resources Board.

Rebecca Beidler and Jeffrey Ellis , Albany, Appellees.

PRESENT: Reiber, C.J., Eaton, Carroll and Cohen, JJ., and Johnson, J. (Ret.), Specially Assigned.

¶ 1. Applicants Christian and Clark Katzenbach appeal the Environmental Division's decision granting but imposing certain conditions on an Act 250 permit for operating their sand- and gravel-extraction project. Applicants challenge the court's findings and conclusions under Criterion 5 and Criterion 8 of Act 250. We conclude that...

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