iAi\i 2 § 200
STATE OF VERMONT
VEHMGNT
SUPER\OR CGLSRT
sUPERIoR coURT _ ENviRoNi\f"EiORDERED and AD]UDGED
that Appellant Omya, lnc.'s l\/lotion for Summary judgment is GRANTED in Part and
DENIED in Part, in that once the Commission determined that l\/ls. Peterson was
eligible for party status under §6085(c)(1)(E), it should not have proceeded to provide
an advisory opinion on whether l\/ls. Peterson also is an ”adjoining property owner” to
the Verpol Facility, as it is unnecessary to a determination of party status. The
Commis_sion’s advisory opinion as to l\/ls. Peterson’s adjoining property owner status is
HEREBY VACATED, concluding this appeal The attached copy of page 2 of the
District Commission decision shows the language that is being changed or deleted to
conform to the decision in this appeal
Done at Berlin, Vermont, this 28th day of lanuary, 2011.
M%%W
l\/lerideth Wright
Environmental ]udge/
Page 2
Findings of Fact
#1R0271-21
1. The applicants, by David Cooper, Esq., Nlike Laurent, Neal Jordan, David
Adilman and Eric Steinhauser.
The Town of Pittsford, not represented g
The Town Planning Commission, by Don Nicl