In re Costco Stormwater Dishcharge PermitAnnotate this Case
The issue this case presented for the Supreme Court's review centered on a decision of the environmental division of the superior court affirming several permits issued to appellee Costco Wholesale Corporation for the expansion of its existing retail store and the addition of an adjacent six-pump gasoline station in the Town of Colchester. Appellants R.L. Vallee, Inc. and Timberlake Associates LLP owned retail gasoline-service facilities located near the planned development. Appellant Vallee argued the trial court erred in: (1) determining that Costco’s proposed traffic-mitigation measures were sufficient for issuance of an Act 250 permit; (2) making findings concerning the impact of an underground stormwater outlet pipe, and with respect to which the court limited cross examination by Vallee’s counsel; (3) concluding that the project would not adversely affect a Class 2 wetland for issuance of an individual wetland permit; and (4) excluding testimony and a related exhibit prepared by appellant Vallee’s wetland consultant. Appellant Timberlake argued that the trial court erred in relying on a presumption with respect to the project’s impact on water pollution and waste disposal under Act 250. The Supreme Court found no error in the environmental division's order and affirmed it.