In re Buttolph

Appellants Milton and Beatrice Barnes appeal a decision of the Addison Superior Court affirming a Vermont Water Resources Board (Board) order authorizing construction of a dam by appellees Edward and Barbara Buttolph in Middlebury, Vermont. We affirm.

This Court has twice previously reversed Board orders on procedural grounds following the issuance of permits authorizing construction of the Buttolph dam. See In re Buttolph, 141 Vt. *642601, 451 A.2d 1129 (1982); In re Buttolph, 138 Vt. 573, 420 A.2d 859 (1980). While the second appeal was pending, appellees constructed the dam in 1982 pursuant…