Lake Bomoseen Ass'n v. Vermont Water Resources Board

Reiber, J.,

¶ 25. concurring and dissenting. I concur in the Court’s holding that the decision of the Water Resources Board to reclassify the Lake Bomoseen Wetland is a rulemaking rather than an adjudicative proceeding. I do not agree, however, that this conclusion necessarily disposes of the ultimate question of whether the decision is appealable. The right to “a certain remedy, by having recourse to the laws” is of constitutional dimension in Vermont. Vt. Const, ch. I, art. 4. The Legislature may, to be sure, define and limit the legal remedies available to litigants, but where — as here —…