In Re Barlow

Petitioners Robert and Barbara Barlow appeal a

ruling by the Vermont Environmental Board requiring them to *516obtain an Act 250 permit to continue operating their gravel pit. They argue that their operation is exempted from review by 10 V.S.A. § 6081(b) because it preexisted the enactment of Act 250. The State has moved to dismiss this appeal, contending that the action is moot because petitioners have now received a permit. We deny the State’s motion to dismiss and affirm the Board’s decision that petitioners’ gravel operation is not exempt from the Act 250 permit requirements.

The land now known…