Legal Opinion

Lake Bomoseen Ass'n v. Vermont Water Resources Board

Supreme Court of Vermont

Decided July 15, 2005No. 04-220PublishedCited by 10 opinions

1Opinion of the CourtDooley, J.

¶ 1. Lake Bomoseen Association appeals from a superior court decision dismissing its complaint challenging a wetlands reclassification determination by the Vermont Water Resources Board. The trial court ruled that it lacked jurisdiction because: (1) *376the statutes governing wetlands reclassifications provide no express right to judicial review, and (2) the reclassification was a rulemaking rather than an adjudicative proceeding and therefore not reviewable by a traditional writ of certiorari. We affirm.

¶ 2. The legal and factual background to this appeal may be summarized as follows. Among its…

2Cases cited8 opinions

  1. Bi-Metallic Investment Co. v. State Board of EqualizationSupreme Court of the United States · 1915
  2. Town of Killington v. StateSupreme Court of Vermont · 2001
  3. In Re Central Vermont Public Service CorporationSupreme Court of Vermont · 2001
  4. Secretary, Vermont Agency of Natural Resources v. IrishSupreme Court of Vermont · 1999
  5. Vincent v. Vermont State Retirement BoardSupreme Court of Vermont · 1987

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3Cited by10 opinions

  1. Donald Gould v. Town of MonktonSupreme Court of Vermont · 2016
  2. Reed Doyle v. City of Burlington Police DepartmentSupreme Court of Vermont · 2019
  3. Sunset Cliff Homeowners Ass'n v. Water Resources BoardSupreme Court of Vermont · 2008
  4. Hinesburg Hannaford Wetland DeterminationVermont Superior Court · 2015
  5. Human Rights Commission v. Homer DurkeeSupreme Court of Vermont · 2026

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