In Re Nehemiah Associates, Inc.

Nehemiah Associates, Inc. appeals from a decision of the Environmental Board denying Nehemiah’s application for an Act 250 permit amendment to subdivide and develop a 3.38-acre lot into three residential building lots. Nehemiah previously appealed the Board’s decision denying its application, and we reversed and remanded for the Board to balance the policy considerations raised by the parties. See In re Nehemiah Assocs., 166 Vt. 593, 595, 689 A.2d 424, 426 (1996) (mem.) (“Nehemiah I”). Nehemiah contends that on remand the Board: (1) erred because our holding in Nehemiah I mandated approval of…