Gingras A250 Altered/Corrected

Vermont Superior Court

Gingras A250 Altered/Corrected

DecidedApril 4, 2017

Docket22-3-15 Vtec

StatusPublished

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Opinion

STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 22-3-15 Vtec

Gingras A250 Altered/Corrected

ENTRY REGARDING MOTION

Title: Motion to Clarify SOQ (Motion 7) Filer: Michael Gingras Attorney: Eric G. Parker Filed Date: February 17, 2017 Response in Opposition filed on 03/06/2017 by Attorney Joseph F. Obuchowski for Appellant Edward Baker The motion is GRANTED IN PART and DENIED IN PART. The Court discussed the scope of Appellant’s revised Statement of Questions during the pre-trial telephone conference, held on March 27, 2017. To the extent that Appellant seeks a broad reading of the Questions, so that impacts that are not personal to him are to be discussed at trial, we decline to adopt such a broad reading and do hereby GRANT Applicant Gingras’s motion to clarify. However, we will allow Appellant Baker to offer testimony at trial within the scope of his revised Questions concerning impacts personal to him. At the March 27th conference, the parties advised the Court that Applicant would be required to obtain an indirect discharge permit from the Vermont Agency of Natural Resources. In light of this, the parties requested that the Court suspend the trial, now scheduled for April 12- 13, 2017, so that it could be determined whether there would be a related appeal of the ANR permit determination. The Court GRANTED this request, with the directive that Mr. Gingras and his attorney notify the Court and Appellant (1) when Mr. Gingras submits his application to ANR; (2) when ANR deems that application complete; and (3) when ANR issues a determination on that application. So ordered. Electronically signed on April 04, 2017 at Newfane, Vermont, pursuant to V.R.E.F. 7(d).

________________________________ Thomas S. Durkin, Judge Environmental Division Notifications: Joseph F. Obuchowski (ERN 4591), Attorney for Appellant Edward Baker Eric G. Parker (ERN 3626), Attorney for Appellee Michael Gingras Peter J. Gill (ERN 4158), Attorney for Interested Person Natural Resources Board vtadsbat

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STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 22-3-15 Vtec

Gingras A250 Altered/Corrected

ENTRY REGARDING MOTION

Title: Motion to Clarify SOQ (Motion 7) Filer: Michael Gingras Attorney: Eric G. Parker Filed Date: February 17, 2017 Response in Opposition filed on 03/06/2017 by Attorney Joseph F. Obuchowski for Appellant Edward Baker The motion is GRANTED IN PART and DENIED IN PART. The Court discussed the scope of Appellant’s revised Statement of Questions during the pre-trial telephone conference, held on March 27, 2017. To the extent that Appellant seeks a broad reading of the Questions, so that impacts that are not personal to him are to be discussed at trial, we decline to adopt such a broad reading and do hereby GRANT Applicant Gingras’s motion to clarify. However, we will allow Appellant Baker to offer testimony at trial within the scope of his revised Questions concerning impacts personal to him. At the March 27th conference, the parties advised the Court that Applicant would be required to obtain an indirect discharge permit from the Vermont Agency of Natural Resources. In light of this, the parties requested that the Court suspend the trial, now scheduled for April 12- 13, 2017, so that it could be determined whether there would be a related appeal of the ANR permit determination. The Court GRANTED this request, with the directive that Mr. Gingras and his attorney notify the Court and Appellant (1) when Mr. Gingras submits his application to ANR; (2) when ANR deems that application complete; and (3) when ANR issues a determination on that application. So ordered. Electronically signed on April 04, 2017 at Newfane, Vermont, pursuant to V.R.E.F. 7(d).

________________________________ Thomas S. Durkin, Judge Environmental Division Notifications: Joseph F. Obuchowski (ERN 4591), Attorney for Appellant Edward Baker Eric G. Parker (ERN 3626), Attorney for Appellee Michael Gingras Peter J. Gill (ERN 4158), Attorney for Interested Person Natural Resources Board vtadsbat

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