Vermont Statutes Title 10 Sec. 8505
Terms Used In Vermont Statutes Title 10 Sec. 8505
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Board established under chapter 151 of this title. See
- Environmental Division: means the Environmental Division of the Superior Court established by 4 V. See
- Party by right: means the following:
- Person: means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 8505. Appeals to the Supreme Court
(a) Any person aggrieved by a decision of the Environmental Division pursuant to this subchapter, any party by right, or the Board may appeal to the Supreme Court within 30 days of the date of the entry of the order or judgment appealed from, provided that:
(1) the person was a party to the proceeding before the Environmental Division; or
(2) the decision being appealed is the denial of party status; or
(3) the Supreme Court determines that:
(A) there was a procedural defect that prevented the person from participating in the proceeding; or
(B) some other condition exists that would result in manifest injustice if the person’s right to appeal were disallowed.
(b) An objection that has not been raised before the Environmental Division may not be considered by the Supreme Court, unless the failure or neglect to raise that objection is excused by the Supreme Court because of extraordinary circumstances.
(c) Only the Attorney General may represent the State in all appeals under this section. (Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 154 (Adj. Sess.), § 236.)