In Re Appeal of Albert

2008 VT 30, 954 A.2d 1281, 183 Vt. 637, 2008 Vt. LEXIS 33
CourtSupreme Court of Vermont
DecidedMarch 14, 2008
Docket06-195
StatusPublished
Cited by31 cases

This text of 2008 VT 30 (In Re Appeal of Albert) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Appeal of Albert, 2008 VT 30, 954 A.2d 1281, 183 Vt. 637, 2008 Vt. LEXIS 33 (Vt. 2008).

Opinions

Wright, J.

¶ 1. March 14, 2008. This appeal and cross-appeal involve developer’s proposed development of approximately thirty-three acres in Shelburne. Developer received approval from the Town of Shelburne Planning Commission for the development of single-family lots and multi-family units. Thereafter, landowners appealed the planning commission’s decision to the Environmental Court. The Environmental Court granted approval for the development of the multi-family units but denied approval for development of the single-family lots. Developer appeals the Environmental Court’s denial of approval for development of the single-family lots arguing, inter alia, that landowners lacked standing to appeal the planning commission’s decision to the Environmental Court. Landowners cross-appeal, challenging the Environmental Court’s approval of the multi-family-unit development. Because we agree that landowners lacked standing to appeal the planning commission’s decision to the Environmental Court, we vacate the court’s decision.

¶ 2. The following facts are not contested. Developer seeks to build twenty-five single-family lots and thirty-seven multi-family lots on a 33.71 acre parcel of land in Shelburne. Developer received preliminary approval of its plan to do so from the planning commission on October 10,2002. Developer submitted an application for final approval on March 31, 2003, and the planning commission unanimously approved it on May 8, 2003. One month later, on June 9, 2003, a group of fifteen persons owning land in Shelburne filed a notice with the planning commission stating that they were appealing the planning commission’s decision to the Environmental Court. Attached to the notice of appeal was a petition signed by the landowners stating “that the relief requested by [developer] for approval of a planned residential development ... if granted, will not be in accord with the policies, purposes, or terms of the plan or bylaws of the Town of Shelburne.” The planning commission took no action with regards to the merits of the dispute between landowners and developer upon receipt of landowners’ petition and notice. Indeed, landowners appealed the planning commission’s decision to the Environmental Court that very same day.

¶ 3. Developer moved to dismiss landowners’ appeal for their failure to comply with the requirements of 24V.S.A. § 4464, a statute governing appeals from municipal decisions. At that time, §4464 required that litigants be “interested persons” in order to have standing to appeal the decisions of administrative officers to municipal boards like planning commissions. At that time, § 4464 provided, in relevant part:

(a) An interested person may appeal any decision or act taken ... in any municipality ...
(b) For the purposes of this chapter, an interested person means any one of the following:
(4) Any ten persons owning real property within a municipality... who, by signed petition to [638]*638the board of adjustment or the development review board 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.1

¶ 4. The standing requirement contained in pre-amendment § 4464(b) also applied to appeals to the Environmental Court from planning commissions through pre-amendment § 4471(a). See 24 V.S.A. § 4471(a) (“An interested person may appeal a decision of a board of adjustment, a planning commission, or a development review board to the environmental court.”).2 Developer argued that landowners were not interested persons within the meaning of pre-amendment § 4464(b)(4), and therefore lacked standing to appeal to the Environmental Court, because they submitted a petition to the planning commission after the planning commission granted final plan approval for the proposal. In addition, developer argued, as it does here, that the statute required landowners to have submitted a petition to the planning commission for consideration before it granted final plan approval. The Environmental Court denied developer’s motion to dismiss, reasoning that “the statute does not . . . require that the parties have participated at the municipal board level.”3 In an order dated August 8, 2005, the Environmental Court granted approval for the development of the thirty-seven multi-family units and denied approval for development of the twenty-five single-family lots. This appeal and cross-appeal followed.

[639]*639¶ 5. According to landowners, we should defer to what they characterize as the Environmental Court’s long-standing interpretation of pre-amendment § 4464’s “interested person” to include persons, like landowners, who file petitions with municipal boards after that body has issued a final decision in a matter. Landowners cite our practice of deferring to agency interpretations of statutes within the area of agency expertise. It is true that “where a statute is silent or ambiguous regarding a particular matter this Court will defer to agency interpretation of a statute within its area of expertise as long as it represents a permissible construction of the statute.” In re Smith, 169 Vt. 162, 169, 730 A.2d 605, 611 (1999). Landowners ask us to extend that principle of deference to the Environmental Court’s construction of pre-amendment § 4464 due to the court’s expertise in environmental matters.

¶ 6. We decline to do so. We defer to agency interpretations of statutes that the Legislature has entrusted them to administer as much out of a concern for the proper separation of powers as in consideration of agency expertise. See Town of Victory v. State, 2004 VT 110, ¶ 16, 177 Vt. 383, 865 A.2d 373 (explaining that “[t]o preserve the appropriate separation of judicial and executive powers, we presume that judicial review of administrative decisions is deferential”). Because the Environmental Court is a part of the judicial branch, there is no separation-of-powers imperative for deferential review here. Moreover, whatever deference the Environmental Court is owed in the area of substantive environmental law does not apply to its construction of statutes governing general principles of law such as party standing. Cf. Devers-Scott v. Office of Prof'l Regulation, 2007 VT 4, ¶ 9, 181 Vt. 248, 918 A.2d 230 (“Questions of law that can be answered with traditional tools of statutory construction are within the special expertise of courts, not agencies, and are therefore answered by the court de novo.” (citation omitted)).

¶ 7. We have recently ruled that the proper construction of a statute governing appeals of municipal decisions to the Environmental Court is a question of law subject to nondeferential and plenary review on appeal. See In re Carroll, 2007 VT 19, ¶ 9, 181 Vt. 383, 925 A.2d 990 (applying de novo review and reversing the Environmental Court’s dismissal of the landowner’s appeal for lack of standing where standing hinged on the proper construction of the words “municipal regulatory proceeding” in post-amendment § 4471(a)). We apply the same standard of review here.

¶ 8. We begin by noting that although the general rule is that statutes regulating appeal rights are remedial in nature and therefore liberally construed in favor of persons exercising those rights,

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Cite This Page — Counsel Stack

Bluebook (online)
2008 VT 30, 954 A.2d 1281, 183 Vt. 637, 2008 Vt. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-albert-vt-2008.