Supreme Court of Vermont

In Re Appeal of Jam Golf, LLC.

August 22, 2008185 Vt. 201

Summary

The court held that the wildlife-corridor expert testimony was sufficiently reliable for admission and that the Environmental Court did not abuse its discretion in admitting it. It nevertheless concluded that the zoning ordinance and incorporated city-plan provisions governing protection of wildlife habitat and scenic views were impermissibly standardless and violated due process. The court struck those provisions, reversed the denial based on them, and remanded for findings on the remaining criteria under § 26.151.