300-00900 Notice to Interested Parties in Municipal Appeals (01/2018)
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Vermont Superior Court
Environmental Division
32 Cherry Street
2
nd
Floor, Suite 303
Burlington, VT 05401
802-951-1740
www.vermontjudiciary.org
Docket Number:
Case Title
NOTICE TO INTERESTED PARTIES in MUNICIPAL APPEALS
(24 V.S.A. §4471(c))
(also see 10 V.S.A. § 8504(c) and V.R.E.C.P. 5(b)(4))
Enclosed
is the
Notice
of
Appeal
dated __________________,
which was filed
by
________________________
,
appealing
the
___________________________
decision
of
the __________________________________________
in its case: ______________________________
.
This appeal involves
the
application
of ______________________
for _________________________________________
.
You have been
identified by the __________________________________as a person who may be an
''interested person'' in these proceedings as defined in 24 V.S.A. §4465(b), who participated in the
proceedings before the ________________________________________. However, you are not automatically
a party to the proceedings in the Environmental case, even if participated in the hearing before the
___________________________________. You are not automatically a party
to the proceedings in the
Environmental case, even if you are the
permit
applicant. You are not automatically
a
party to the proceedings in the
Environmental case,
even
if the _________________________
ruled in your
favor.
If you wish to participate in matters before the Environmental Division, you must
enter
your appearance
in
writing with the
Court within
21
days
of
your receiving this notice.
If
you
file
your entry
of
appearance after
the 21
days has gone
by,
you must also ask
the
Court in writing to allow you to enter your appearance late, and explain why
it
is late.
If you fail to
file an
appearance
or to
make
a
request
to
participate within
this
time frame,
the case may proceed to a decision
without any further notice to you and without your
involvement. You may enter
an
appearance
on
your own behalf
or
through
an attorney.
Please include the address at which you wish to receive mail from the Court and the
other
parties, and the telephone number
at
which you can be reached during business
hours.
All filings made with the Environmental Division must be sent to the above address. Each person filing any
document with the Court must also send a copy of that document to each of the other parties; you may call
the Court at (802) 951-1740 for the names and addresses of the other parties.
Date: ____________________________ ________________________________________________
___________________________________________
___________________________________________
___________________________________________
Enclosure: Notice
of
Appeal
cc:
300-00900 Notice to Interested Parties in Municipal Appeals (01/2018)
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24 V.S.A. 4465 (b) For the purposes of this chapter, an interested person means any one of the following:
(1) A person owning title to property, or a municipality or solid waste management district empowered to
condemn it or an interest in it, affected by a bylaw, who alleges that the bylaw imposes on the
property unreasonable or inappropriate restrictions of present or potential use under the particular
circumstances of the case.
(2) The municipality that has a plan or a bylaw at issue in an appeal brought under this chapter or
any municipality that adjoins that municipality.
(3) A person owning or occupying property in the immediate neighborhood of a property that is the
subject of any decision or act taken under this chapter, who can demonstrate a physical or
environmental impact on the person's interest under the criteria reviewed, and who alleges that the
decision or act, if confirmed, will not be in accord with the policies, purposes, or terms of the plan or
bylaw of that municipality.
(4) Any ten persons who may be any combination of voters or real property owners within a municipality
listed in subdivision (2) of this subsection who, by signed petition to the appropriate municipal panel
of a municipality, the plan or a bylaw of which is at issue in any appeal brought under this title, allege
that any relief requested by a person under this title, if granted, will not be in accord with the policies,
purposes, or terms of the plan or bylaw of that municipality. This petition to the appropriate municipal
panel must designate one person to serve as the representative of the petitioners regarding all
matters related to the appeal.
(5) Any department and administrative subdivision of this state owning property or any interest in
property within a municipality listed in subdivision (2) of this subsection, and the agency of
commerce and community development of this state.