Champlain Marina Dock Expansion
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Environmental Court of Vermont State of Vermont =============================================================================== E N T R Y R E G A R D I N G M O T I O N =============================================================================== Champlain Marina Dock Expansion Docket No. 28-2-09 Vtec Project: Expansion of water-borne docks, to accommodate 16 more large boats Applicant: Champlain Marina, Inc. (Appeal from DEC determination on lake waters encroachment Title: Motion to Intervene, (Filing No. 11) Filed: March 23, 2010 Filed By: David K. Mears, Attorney for: Petitioner to Intervene, Vermont Natural Resources Council Response in Opposition filed on 03/30/10 by Champlain Marina, Inc. Response in Opposition filed on 04/12/10 by Agency of Natural Resources Reply filed on 04/13/10 by Petitioner VNRC Reply filed on 04/16/10 by Appellant Thomas A. Battey Reply filed on 04/23/10 by ANR _X_ Granted ___ Denied ___ Other The Vermont Natural Resources Counsel ( VNRC ) is an established statewide non-profit organization that has established interests in protecting environmental resources and the public trust protections for those resources, especially in relation to the public waters of Lake Champlain. It has sought to intervene in this proceeding as an amicus curiae, has pledged to call no additional witnesses, and has assured that its involvement will not delay the merits hearing, which has already been scheduled to commence on June 17, 2010. As all parties have noted, this Court has discretion to allow intervention by an amicus party pursuant to V.R.C.P. 24. VNRC also properly noted that this Court is entrusted with a similar discretion under the Appellate Rules, which are made applicable under V.R.E.C.P. 5(a)(2). See V.R.A.P. 29. We conclude that the proper exercise of this Court s discretion is to allow VNRC to participate as an amicus curiae, based upon the representations made on behalf of VNRC. ___________________________________________ ___May 19, 2010___ Thomas S. Durkin, Judge Date =============================================================================== Date copies sent to: ____________ Clerk's Initials _______ Copies sent to: Stephen A. Reynes, Attorney for Appellants Craig Weatherly, Attorney for Cross Appellant Champlain Marina, Inc. Cielo Marie Mendoza, Attorney for the Vermont Agency of Natural Resources David K. Mears, Attorney for Petitioner to Intervene, VNRC Jon Groveman, Esq., co-counsel for VNRC John H. Hasen, Attorney for Vt. Natural Resources Board (FYI purposes only)
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