In Re Times and Seasons, LLC

¶ 1. Applicant Times and Seasons, LLC, appeals from the Environmental Court’s grant of summary judgment to the Natural Resources Board and corresponding denial of applicant’s Act 250 permit application to construct and operate a gift shop and deli with related improvements on Dairy Hill Road in the Town of Royalton. Applicant argues that it may avail itself of the definition of “primary agricultural soils” in 10 V.S.A. § 6001(15) amended during the course of its litigation to secure compliance with criterion 9(B), 10 V.S.A. § 6086(a)(9)(B), the only Act 250 criterion for which it has not…