C v. Landfill, Inc. v. Environmental Board

Plaintiff C.V. Landfill, Inc. appeals the Washington Superior Court’s dismissal of its request for a declaratory judgment that Act 250 did not apply to its landfill operation. C.V. challenges the court’s invocation of discretion to dismiss the complaint. C.V. claims that the court did not have discretion under the declaratory judgment provision of the Administrative Procedure Act (APA), 3 V.S.A. § 807, and the Declaratory Judgments Act (DJA), 12 V.S.A. §§ 4711-4725, to refuse to reach the merits. Alternatively, C.V. claims that if such discretion existed, it was abused. C.V. also appeals the…