The Environmental Court case (due to be handed down this fall) is a combination of Rivers' appeal of an Act 250 denial and a Moretown Development Review Board denial. The town has participated in the appeal as had a group of citizens who object to the quarry.

If the Environmental Court rules in Rivers' favor, a small, vocal group of anti-quarry residents wants the town to decide now to appeal to the Vermont Supreme Court and wants the select board to include funding in the budget for such an appeal.

There is another contingent in Moretown, however, that does not want to spend any more money on legal fees associated with the quarry. That group has made its opinions known over the course of the summer, calling for an end of endless legal bills.

To argue that the select board is failing to support its DRB should the board fail to budget for a Supreme Court appeal is premature and histrionic.

The town has supported its DRB thus far. Prudence dictates that the Environmental Court ruling at least be read and analyzed before any decision is made on whether or not to appeal. As the town select board chair pointed out this week, the judge could rule that the town was wrong.

For the select board to create a special and separate article that presents only proposed quarry legal spending for voter approval at Town Meeting is also premature. What if the decision is issued tomorrow? The town's legal fees belong on the legal fee line item of the budget. Voters can discuss, amend, approve or disapprove that specific line item using the regular budgetary process.

No faction should be able to hijack the town's legitimate budgeting process -- especially when the long awaited decision has not yet been issued. 





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