JLD Properties Wal Mart Stormwater Discharge Permit

Vermont Superior Court

JLD Properties Wal Mart Stormwater Discharge Permit

DecidedFebruary 11, 2009

Docket129-05-06 Vtec

StatusPublished

This text of JLD Properties Wal Mart Stormwater Discharge Permit (JLD Properties Wal Mart Stormwater Discharge Permit) is published on Counsel Stack Legal Research, covering Vermont Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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JLD Properties Wal Mart Stormwater Discharge Permit, (Vt. Ct. App. 2009).

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Opinion

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 ===============================================================================

JLD Properties-Wal-Mart Stormwater Discharge Permit, Docket No. 129-5-06 Vtec Project: Wal-Mart St. Albans and 221-10-07 Vtec Applicant: JLD Properties (Appeal from ANR Storm Water Permit determination)

Title: Motion to Dismiss R.L Vallee as an Interested Party, No. 4

Filed: October 16, 2008

Filed By: Stewart H. McConaughy, Attorney for Appellee JLD Properties

Response: NONE

_X_ Granted ___ Denied ___ Other

Appellee-Applicant JLD Properties of St. Albans, LLC, has moved to dismiss R.L. Vallee, Inc., as an Interested Party in Docket Numbers 129-5-06 Vtec (stormwater discharge permit appeal) and 221-10-07 Vtec (construction discharge permit appeal). No party has filed a response opposing this motion. In general, interested parties must enter an appearance “within 20 days” of the last notice of appeal being served. V.R.E.C.P. 5(c). R.L. Valley’s October 6, 2008 Notice of Appearance missed this filing deadline by many months (or even years) for these docket numbers. Even if we were to treat R.L. Valley’s Notice of Appearance as a motion to intervene, such motions must be “timely.” V.R.E.C.P. 5(c). We find that R.L. Vallee’s attempted late entrance into these dockets, at a time when deadlines for pre-filed testimony were quickly approaching, was not timely. We also note that R.L. Vallee has chosen not to offer a substantive basis for its interested person status in these appeals, whether it be timely or not. For these reasons, we GRANT JLD Properties’ motion to dismiss R.L. Vallee as an Interested Party.

___________________________________________ __February 10, 2009___ Thomas S. Durkin, Judge Date =============================================================================== Date copies sent to: ____________ Clerk's Initials _______ Copies sent to: Stewart H. McConaughy, Attorney for Appellee/Applicant JLD Properties, joined by Co-Counsel for Appellee, Robert F. O'Neill, Esq. Jon Groveman, Attorney for Appellant Vt. Natural Resources Council Jon T. Anderson, Attorney for Interested Person R.L. Vallee, Inc. Judith L. Dillon, Attorney for Agency of Natural Resources Mark L. Lucas, Attorney for NRB/Water Resources Panel David A. Barra, Attorney for Town of St. Albans Brian S. Dunkiel, Attorney for City of St. Albans (FYI purposes only) John H. Hasen, Attorney for NRB/Land Use Panel (FYI purposes only) John K. Dunleavy, Attorney for Vt. Agency of Transportation (FYI only)

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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 ===============================================================================

JLD Properties-Wal-Mart Stormwater Discharge Permit, Docket No. 129-5-06 Vtec Project: Wal-Mart St. Albans and 221-10-07 Vtec Applicant: JLD Properties (Appeal from ANR Storm Water Permit determination)

Title: Motion to Dismiss R.L Vallee as an Interested Party, No. 4

Filed: October 16, 2008

Filed By: Stewart H. McConaughy, Attorney for Appellee JLD Properties

Response: NONE

_X_ Granted ___ Denied ___ Other

Appellee-Applicant JLD Properties of St. Albans, LLC, has moved to dismiss R.L. Vallee, Inc., as an Interested Party in Docket Numbers 129-5-06 Vtec (stormwater discharge permit appeal) and 221-10-07 Vtec (construction discharge permit appeal). No party has filed a response opposing this motion. In general, interested parties must enter an appearance “within 20 days” of the last notice of appeal being served. V.R.E.C.P. 5(c). R.L. Valley’s October 6, 2008 Notice of Appearance missed this filing deadline by many months (or even years) for these docket numbers. Even if we were to treat R.L. Valley’s Notice of Appearance as a motion to intervene, such motions must be “timely.” V.R.E.C.P. 5(c). We find that R.L. Vallee’s attempted late entrance into these dockets, at a time when deadlines for pre-filed testimony were quickly approaching, was not timely. We also note that R.L. Vallee has chosen not to offer a substantive basis for its interested person status in these appeals, whether it be timely or not. For these reasons, we GRANT JLD Properties’ motion to dismiss R.L. Vallee as an Interested Party.

___________________________________________ __February 10, 2009___ Thomas S. Durkin, Judge Date =============================================================================== Date copies sent to: ____________ Clerk's Initials _______ Copies sent to: Stewart H. McConaughy, Attorney for Appellee/Applicant JLD Properties, joined by Co-Counsel for Appellee, Robert F. O'Neill, Esq. Jon Groveman, Attorney for Appellant Vt. Natural Resources Council Jon T. Anderson, Attorney for Interested Person R.L. Vallee, Inc. Judith L. Dillon, Attorney for Agency of Natural Resources Mark L. Lucas, Attorney for NRB/Water Resources Panel David A. Barra, Attorney for Town of St. Albans Brian S. Dunkiel, Attorney for City of St. Albans (FYI purposes only) John H. Hasen, Attorney for NRB/Land Use Panel (FYI purposes only) John K. Dunleavy, Attorney for Vt. Agency of Transportation (FYI only)

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