In an April 15, 2020 ruling, the Vermont Superior Court Environmental Division granted summary judgment to the City of Montpelier and Capitol Plaza Corporation, finding that the City’s proposed municipal parking garage is not subject to Act 250 jurisdiction. In October 2018, the City and Capitol Plaza Corporation submitted a joint Act 250 permit application for development of both a municipal parking garage and a new hotel within the City’s designated downtown.
After the issuance of the Act 250 permit on May 2, 2019, Montpelier residents opposed to the project appealed. In their court filings in response, SP&F attorneys Joseph McLean and David Rugh argued that the parking garage portion of the project was development for municipal purposes on less than ten acres of land, and thus should not qualify as “development” under Act 250.
In a fifteen-page order, Superior Judge Thomas Walsh agreed and held that the proposed parking garage was development for a municipal purpose on less than ten acres of land. Accordingly, the Court found that there was no Act 250 jurisdiction over the parking garage and dismissed the appeal.
For a copy of the Environmental Division’s April 15, 2020 Decision, or for assistance navigating Vermont’s myriad regulations pertaining to land development projects, contact David Rugh or Joseph McLean.