Legal Opinion

In Re Spring Brook Farm Foundation, Inc.

Supreme Court of Vermont

Decided October 27, 1995No. 94-332PublishedCited by 23 opinions

1Opinion of the CourtJohnson, J.

Today, we conclude that the exchange element of the commercial purpose test for determining Act 250 (10 V.S.A. §§ 6001-6108) jurisdiction incorporates projects where a third person pays the provider of the facility goods or services for the benefit of another. Accordingly, we affirm the Environmental Board’s decision requiring Spring Brook Farm Foundation, Inc. (Foundation), a charitable organization, to obtain an Act 250 land use permit prior to constructing a dormitory/residence hall on a 44.5-acre tract.

The Foundation is a New York not-for-profit corporation recognized by the Internal…

2Cases cited10 opinions

  1. In Re Agency of Administration, Etc.Supreme Court of Vermont · 1982
  2. Trombley v. Bellows Falls Union High School District No. 27Supreme Court of Vermont · 1993
  3. Bisson v. WardSupreme Court of Vermont · 1993
  4. In Re Southview AssociatesSupreme Court of Vermont · 1989
  5. Nash v. Warren Zoning Board of AdjustmentSupreme Court of Vermont · 1989

5 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. In Re Village Associates Act 250 Land Use PermitSupreme Court of Vermont · 2010
  2. In re Request for Jurisdictional Opinion re: Changes in Physical Structure and Use at Burlington International Airport for F-35ASupreme Court of Vermont · 2015
  3. Bethel v. Mount Anthony Union High School DistrictSupreme Court of Vermont · 2002
  4. State v. RolfeSupreme Court of Vermont · 1996
  5. In Re Appeal of S-S Corp./Rooney Housing DevelopmentsSupreme Court of Vermont · 2006

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API