Legal Opinion · Concurring in part, dissenting in part

In Re Village Associates Act 250 Land Use Permit

Supreme Court of Vermont

Decided June 18, 2010No. 2009-171Published

1Concurring in part, dissenting in part

Reiber, C.J.,

¶ 29. dissenting in part and concurring in part. The plain language of Act 250 allows only a few carefully circum*129scribed situations in which primary agricultural soils will not be protected. This is not one of those circumstances. Further, when interpreting statutes, “our primary objective is to effectuate the intent of the Legislature.” Swett v. Haig’s, Inc., 164 Vt. 1, 5, 663 A.2d 930, 932 (1995). Through Act 250 and its various amendments, the Legislature has expressed an unequivocal intent to protect Vermont’s primary agricultural soils. Because the majority misinterprets the…

2Cases cited9 opinions

  1. Appeal of WeeksSupreme Court of Vermont · 1998
  2. Swett v. Haig's, Inc.Supreme Court of Vermont · 1995
  3. Agency of Natural Resources v. WestonSupreme Court of Vermont · 2003
  4. In Re Nehemiah Associates, Inc.Supreme Court of Vermont · 1998
  5. MacDonough-Webster Lodge No. 26 v. WellsSupreme Court of Vermont · 2003

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