Brennan Woods Ltd. Partnership v. Town of Williston

The Town of Williston appeals the summary judgment decision in favor of plaintiff Brennan Woods Limited Partnership and grant of mandamus compelling the Town to allocate sewage- disposal capacity to plaintiff’s project under the phasing schedule *469imposed by plaintiffs Act 250 permit. The Town contends: (1) the Town select board acted within its discretion under the 1990 sewer allocation ordinance in imposing phasing requirements to regulate growth in accordance with its Municipal Comprehensive Plan; (2) the board is not bound by the decision of the environmental court or Act 250 permit…