Legal Opinion · Dissent

In Re Vitale

Supreme Court of Vermont

Decided April 21, 1989No. 87-312Published

1DissentPeck, J.

In this matter the zeal of the Environmental Board outran its authority. Such overreaching on the part of the Board is understandable even if it should not be condoned. It is, after all, one of the Board’s primary duties to protect our natural environment against the cupidity of the would-be spoilers who descend upon the land, generally in the name of what is, somewhat ironically, called “development,” and often coming from beyond our borders, like the invasion of the South by the post-Civil War carpetbaggers. It is a serious and a heavy responsibility that the Legislature has placed on this…

2Cases cited7 opinions

  1. In Re Agency of Administration, Etc.Supreme Court of Vermont · 1982
  2. Committee to Save the Bishop's House, Inc. v. Medical Center Hospital of Vermont, Inc.Supreme Court of Vermont · 1979
  3. State v. BrownSupreme Court of Vermont · 1986
  4. New Hampshire-Vermont Physician Service v. Commissioner, Department of Banking & InsuranceSupreme Court of Vermont · 1974
  5. Gloss v. Delaware & Hudson RailroadSupreme Court of Vermont · 1977

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