In re North East Materials Group LLC Act 250 JO 5-21 (Russell Austin, Pamela Austin, Julie Barre, Marc, Marc Bernier, Appellants)

¶ 1. This case is here for the second time, following the Environmental Division’s decision on remand that a rock-crushing operation by North East Materials Group LLC (NEMG) *591is exempt from Act 250 as a preexisting development. The Environmental Division reached the same conclusion in its first decision, but we reversed and remanded, holding that the court used the wrong legal standard in deciding that the rock-crushing operation did not constitute a cognizable physical change to the preexisting development and that one of the main factual findings in support of the decision was clearly…