Champlain Valley Milk Producers, Inc. v. Vermont Milk Control Board

Supreme Court of Vermont

Champlain Valley Milk Producers, Inc. v. Vermont Milk Control Board

446 A.2d 381, 141 Vt. 656, 1982 Vt. LEXIS 486

Supreme Court of Vermont·Decided April 2, 1982·No. No. 82-104·Published

Opinion

A. Motion to stay enforcement/implementation of Milk Control Board Rule, denied.

B. Appellee’s motion to dismiss for lack of jurisdiction is granted;

1. The proceeding below was rule making in nature and not a contested case under 3 V.S.A. Chapter 25. Accordingly, this Court is without jurisdiction.

2. Appellant failed to apply to the Milk Control Board for a rehearing, 6 V.S.A. § 2931(b), and this Court is without jurisdiction.

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A. Motion to stay enforcement/implementation of Milk Control Board Rule, denied.

B. Appellee’s motion to dismiss for lack of jurisdiction is granted;

1. The proceeding below was rule making in nature and not a contested case under 3 V.S.A. Chapter 25. Accordingly, this Court is without jurisdiction.

2. Appellant failed to apply to the Milk Control Board for a rehearing, 6 V.S.A. § 2931(b), and this Court is without jurisdiction.

Champlain Valley Milk Producers, Inc. v. Vermont Milk Control Board, 446 A.2d 381, 141 Vt. 656, 1982 Vt. LEXIS 486 (Vt. 1982).

Pincite

446 A.2d 381 (Champlain Valley Milk Producers, Inc. v. Vermont Milk Control Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

A. Motion to stay enforcement/implementation of Milk Control Board Rule, denied.

B. Appellee’s motion to dismiss for lack of jurisdiction is granted;

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