Legal Opinion

In re Ochs

Supreme Court of Vermont

Decided November 27, 2006No. 05-385PublishedCited by 14 opinions

1Opinion of the Court

¶ 1. George and Carole Trickett appeal from a decision of the Vermont Environmental Board that their neighbors’ apple growing operation, Crescent Orchards, was a farm and thus exempt from Act 250 review. The Trieketts claim that the apple production company operated by their neighbors, Peter and Carla Ochs, is a commercial enterprise, with attendant off:site production involvement, and it does not qualify for the farming exemption. We affirm.

¶ 2. This Court has experience with the facts in this dispute. We held in Trickett v. Ochs that Vermont’s right-to-farm law did not apply in the…

2Cases cited10 opinions

  1. In Re HandySupreme Court of Vermont · 2000
  2. Our Lady of Ephesus House of Prayer, Inc. v. Town of JamaicaSupreme Court of Vermont · 2005
  3. Trickett v. OchsSupreme Court of Vermont · 2003
  4. In Re Nehemiah Associates, Inc.Supreme Court of Vermont · 1998
  5. Vermont Alliance of Nonprofit Organizations v. City of BurlingtonSupreme Court of Vermont · 2004

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. In re Mountain Top Inn & Resort, JO 1-391 (Katherine Hall, Appellant)Supreme Court of Vermont · 2020
  2. Borden v. HofmannSupreme Court of Vermont · 2009
  3. In re North East Materials Group LLC ACT 250 JO 5-21 (Russell Austin, Pamela Austin, Julie Barre, Marc Bernier, Appellants)Supreme Court of Vermont · 2015
  4. In Re 8 Taft Street DRB & NOV Appeals (Stephen Wille Padnos & Sharon Wille Padnos, Appellants)Supreme Court of Vermont · 2025
  5. In re North East Materials Group LLC Act 250 JO 5-21Supreme Court of Vermont · 2015

9 more not listed; retrieve them via the Exa API.

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