In re Stowe Highlands Merger/Subdivision Application

 

US-SC-VermontThis appeal stemmed from litigation involving developer Stowe Highlands and its Resort Planned Unit Development (PUD) in the Town of Stowe. The Stowe Development Review Board (DRB) denied Stowe Highlands’ application to amend the PUD by subdividing and then merging certain lots, including one designated for a hotel. The DRB concluded that the amendment amounted to a change in the permit conditions and that such amendment was not warranted because Stowe Highlands had not demonstrated an unanticipated change in factual circumstances beyond its control. Stowe Highlands appealed this denial to the Environmental Division of the Superior Court, which reversed, concluding that the application required no permit condition change and that denial on that basis was therefore unfounded. One of the PUD lot owners and the Town appealed that decision, arguing that the original DRB decision was correct. Finding no error in the superior court decision, the Supreme Court affirmed.

In re Stowe Highlands Merger_Subdivision Application

 

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