Supreme Court of Vermont

In Re Appeals of Garen (Katherine Gluck and John Desautels, Appellants)

August 9, 2002174 Vt. 151

Summary

The court held that intervenors who timely obtained intervention as of right may continue an environmental-court appeal after the original appellants voluntarily withdraw, absent an improper purpose or other basis for dismissal. It nevertheless held that intervenors may not expand the appeal by filing their own statement of issues; the appeal remains confined to the issues identified in the original notice and statement of questions. The court reversed the dismissal and remanded for reinstatement of the appeal within those limits.