### WhistlePig, LLC Act 250 JO (#9-070)

ENTRY REGARDING MOTION

Title: Motion to Continue Trial Stipulated (Motion 9) Filer: WhistlePig LLC Attorney: Jon T. Anderson Filed Date: January 13, 2015

Agreed by all parties during 1/13/2015 conference

The motion is GRANTED.

The above three appeals had been scheduled for a co ordinated trial to begin on Monday, January 26, 2015. The Court most recently granted Appellants Solar Haven Farm, LLC, Barbara Wilson, and George Gross’s request to dismi ss their appeal of the conditional use approval issued by the Town of Shoreham Zoning Boar d of Adjustment (Docket No. 60-5-14 Vtec), although the Court afforded Appellants addit ional time to withdraw their voluntary dismissal, given that the Court chose to grant the dismissal with prejudice to that specific conditional use application. See In re WhistlePig, LLC CU Permit Appeal , No. 60-5-14 Vtec (Vt. Envtl. Div. Jan. 9, 2014)(Durkin, J.). At the fin al pre-trial conference, held on January 13, 2015, Appellants’ attorney advised the Court that he woul d file a response shortly on behalf of his
clients.

As to the appeal filed on behalf of WhistlePig, LLC from a jurisdictional opinion issued by
the District 9 Environmental Commission Coordinator (Docket No. 21-2-13 Vtec), WhistlePig’s attorneys, Jon T. Anderson and Alexander J. LaRosa, represented to the Court that they believed that the Court’s decision last April in th at docket resolved all legal issues that could be addressed. See In re WhistlePig, LLC Act 250 JO (#9-070), No. 21-2-13 Vtec (Vt. Envtl. D iv. Apr. 11, 2014)(Durkin, J.). Attorney LaRosa volunteere d to draft and circulate a stipulation for dismissal of that appeal.

Lastly, in the appeal by WhistlePig from the Act 25 0 permit issued by the District 9 Environmental Commission (Docket No. 58-5-14 Vtec), Attorneys Anderson and LaRosa advised 

## S TATE OF 

## V ERMONT

SUPERIOR COURT ENVIRONMENTAL DIVISION
Vermont Unit Docket No. 21-2-13 Vtec
Docket No. 58-5-14 Vtec
Docket No. 60-5-14 Vtecthat they believed that all legal issues raised by the WhistlePig appeal could be addressed by

the motion and cross-motion for summary judgment th at will come under advisement upon the filing of responsive memoranda (due by January 22, 2015) and that, because of that assessment, the Court should cancel or postpone the upcoming trials. Attorneys for all other parties were present during this pre-trial conferen ce and concurred with Attorneys Anderson
and LaRosa’s assessment.

Based upon these representations, the Court made th e following directives:

1. Attorney Tarrant shall consult with his clients, an d advise the Court no later than Tuesday, January 20, 2015, whether they object to the terms of the dismissal o f Docket No. 60-5-14 Vtec announced by the Court in its Janu ary 9, 2015 decision.

2. The parties shall file their Stipulation for Dismis sal of Docket No. 21-2-13 Vtec, if successfully negotiated, with the Court no later th an Thursday, January 22, 2015

.
3. All responses to and replies for the outstanding pr e-trial motions in Docket No. 58-5-14
Vtec shall be filed no later than Thursday, January 22, 2015 . After that date, those motions shall go under advisement and shall be cons idered by the Court.

4. The coordinated trial for all Dockets, scheduled to begin on Monday, January 26, 2015, is hereby POSTPONED . The Court shall determine whether a further evid entiary hearing is needed as it considers the pending motions.

So ordered.

Electronically signed on January 16, 2015 at Newfan e, Vermont, pursuant to V.R.E.F. 7(d).

________________________________ Thomas S. Durkin, Judge
Environmental Division

Notifications: Jon T. Anderson (ERN 1856), Attorney for Appellant WhistlePig LLC Melanie Kehne (ERN 2561), Attorney for Interested P erson Natural Resources Board Elizabeth Lord (ERN 4256), Attorney for Interested Person Agency of Natural Resources Gerald R. Tarrant (ERN 3786), Attorney for Interest ed Person George Gross Gerald R. Tarrant (ERN 3786), Attorney for Interest ed Person Barbara Wilson Gerald R. Tarrant (ERN 3786), Attorney for Interest ed Person Solar Haven Farm, LLC Jon T. Anderson (ERN 1856), Attorney for Appellant Raj Bhakta For Informational Purposes Only Town of Shoreham For Informational Purposes Only John Kiernan Alexander J. LaRosa (ERN 5814), Attorney for party 2 Co-counsel

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