Narrative Opinion Summary
The Vermont Superior Court Environmental Division granted a motion to stay proceedings related to the site plan application appeal for the Margaret Pratt Assisted Living project. Enhanced Living, Inc., the applicant, indicated during a status conference that a revised site plan would be submitted to the Town of Bradford Planning Commission, potentially addressing concerns from neighboring parties and leading to the dismissal of the current appeal. The Court required a formal motion to be filed, allowing objections by January 5, 2015, but with no objections filed, the stay was granted, including for the related conditional use approval appeal. The Court deemed that a coordinated merits hearing would be the most efficient method if the revised plan leads to a new appeal or reactivates the pending appeal. The applicant's counsel must provide status updates on the revised application by February 2, 2015, and every 30 days thereafter. A Scheduling Order issuance is stayed until the appeals are resolved. Judge Thomas S. Durkin issued the order on January 8, 2015.
Legal Issues Addressed
Coordination of Merits Hearing for Related Applicationssubscribe to see similar legal issues
Application: The Court determined that a coordinated merits hearing would be the most efficient approach if the revised site plan prompts a new appeal or reactivates the pending appeal.
Reasoning: The Court determined that a coordinated merits hearing would be the most efficient way to handle the related applications if the revised site plan prompts a new appeal or reactivates the pending appeal.
Ongoing Reporting Requirements to the Courtsubscribe to see similar legal issues
Application: The applicant's legal counsel is required to update the Court and other parties on the status of the revised site plan application periodically until the proceedings are resolved.
Reasoning: The applicant's legal counsel is required to update the Court and other parties regarding the status of the revised site plan application by February 2, 2015, and every 30 days thereafter until the proceedings are resolved.
Procedural Requirements for Filing Objectionssubscribe to see similar legal issues
Application: The Court allowed other parties to file objections to the motion for a stay by a specified date, but no objections were received, leading to the granting of the motion.
Reasoning: The Court instructed that a formal motion be filed, allowing other parties to object by January 5, 2015. Since no objections were filed, the Court granted the motion for a stay.
Stay of Proceedings in Environmental Divisionsubscribe to see similar legal issues
Application: The Vermont Superior Court Environmental Division granted a stay on a pending site plan application appeal based on the applicant's indication of submitting a revised site plan.
Reasoning: A motion to stay the pending site plan application appeal for the Margaret Pratt Assisted Living project, filed by Enhanced Living, Inc. on January 2, 2015, has been granted by the Vermont Superior Court Environmental Division.