Argast v. State Environmental Board

This case arises out of the payment of $12,000 by the plaintiff to the State Environmental Board [Board] in connection with the processing of an Act 250 application. The plaintiff, seeking a refund, brought suit in Washington County Superior Court. He argued that the assessment was a tax which the Board had no authority to levy. The Board argued that the assessment was a legitimate fee. The court agreed with the latter and dismissed the plaintiff’s complaint. The plaintiff appeals this decision.

On appeal the plaintiff argues, inter alia, that the lower court’s decision is not supported by its…