Shems told town officials that the Vermont Environmental Court judge
apologized for taking so long to issue the denial ruling on Rich Rivers'
appeals for a proposed quarry on Route 100B. Rivers' appeals for state
and local permits merged at the Environmental Court and were denied
following a lengthy deliberation.
JUDGE'S OPINION
Shems told select board members that the 71-page decision handed down
from the court is "very fact-centric" and, as a result, would be
difficult for Rivers to appeal, he said.
He also said that Rivers' attorneys have requested an extension on the
timeframe to file appeals, but said "given how in-depth the judge's
opinion" is, would make an appeal difficult.
Shems said the town's arguments were "fairly solid" and that they didn't
battle all 10 of the criteria; instead they focused on the traffic by
the Moretown Elementary School, supporting the decision of the
Development Review Board and upholding the character of the town, which
he said was ultimately what the town "prevailed upon."
The deadline to file appeals could be extended to April 28, and Shems
said he wouldn't know the length of the appeal process until he saw the
opposing arguments.
WITNESS TESTIMONY
If Rivers does decide to appeal, the case would go to the Vermont
Supreme Court and be decided by five judges. Shems said that an appeal
to the Supreme Court would not involve witness testimony, only legal
arguments, and could take a year. The case would be decided by a 3/5
majority.
Rivers was originally denied a conditional use permit from the DRB in
2004 and later denied an Act 250 permit in 2007; he appealed both
decisions which were merged at the Environmental Court.
THE PROCESS
Select board chair John Hoogenboom said that the judge's apology for
taking so long was a positive indicator that the town was not drawing
out the process.
The proposed quarry would have occupied 93 acres north of Moretown
Village.
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