In re Richard Roberts Group Inc.

Richard Roberts Group, Inc. appeals a decision of the Vermont Environmental Board which denied it a refund of its Act 250 application fee. The refund was denied under the Board’s rule that states: “In the event that an application is withdrawn prior to the convening of a hearing on the merits, the Environmental Board, shall, upon request, refund ... all of that portion of the fee paid in excess of $1,000.” EBR 11(D). We reverse.

In 1988, Roberts applied for an Act 250 permit and paid an application fee of $96,450, which was based upon the estimated construction cost of the project. Thereafter,…