Vermont Environmental Court

MSK successfully represented neighbors in a challenge to a proposed trucking depot night time use based upon noise issues. In this case, MSK challenged the applicant’s noise expert opinions which were based on calculations of impacts on projected noise measured over an hour. MSK argued, and the Court found, that people experienced noise instantaneously and […]

MSK successfully represented a group of neighbors opposed to a proposed South Burlington housing development in a Vermont Superior Court – Environmental Division appeal in which the Court rejected the developer’s argument that the neighbors were not entitled to party status in the Act 250 proceeding concerning “primary agricultural soils.” In addition, the Court rejected […]

MSK attorney Alexander LaRosa wins judgment upholding historic environmental Settlement Agreement in Hawkins Bay Minor SD, Docket No. 91-7-17 Vtec, Vermont Superior Court Environmental Division (August 7, 2018). MSK was engaged by concerned neighbors who wanted to uphold a historic settlement agreement that protected Lake Champlain shoreline from development. Following a one day bench trial, […]

MSK Attorneys successfully represented a local arts organization on a pro bono basis in an appeal of its local land use permit for its new art facility. Read Decision.

Decision and Order Docket No. 154-12-15 Vtec Old Lantern Non-Conforming Use MSK successfully defended the Old Lantern, an event facility in Charlotte that opened in 1963, from challenges by neighbors to its status as a pre-existing non-conforming use, and from claims of discontinuance of use for a period of time, change of use, and allegedly […]

Hans Huessy, on behalf of VAST, successfully negotiated the suspension of the Lamoille Valley Rail Trail’s Act 250 permit.  In 2009, the Trail was determined to be subject to Act 250 jurisdiction and, as a result, VAST applied for and obtained a permit.  The permit hampered the development of the Trail and increased the cost […]

In re Champlain Oil Company, 19-2-16 Vtec (August 1, 2016) MSK successfully dismissed the City of Barre’s appeal of its Development Review Board’s approval of a gas station redevelopment, where the City Council disagreed with the DRB but lacked standing to appeal because the zoning regulations were not “at issue.”

Town of Swanton v. Langlois, Nos. 48-5-15 Vtec, 148-12-15 Vtec, and 8-1-16 Vtec   MSK successfully represented landowner in a zoning enforcement matter and on a related government estoppel claim, estopping the Town of Swanton from requiring the removal of the subject structure or payment of fines, after the Town’s Zoning Administrator made an informed […]