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 coordinated 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 dismiss their appeal of the conditional use 

approval issued by the Town of Shoreham Zoning Board of Adjustment (Docket No. 60-5-14 

Vtec), although the Court afforded Appellants additional 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 final pre-trial conference, held on January 13, 2015, 

Appellants’ attorney advised the Court that he would 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 that 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. Div. Apr. 

11, 2014)(Durkin, J.). Attorney LaRosa volunteered to draft and circulate a stipulation for 

dismissal of that appeal. 

Lastly, in the appeal by WhistlePig from the Act 250 permit issued by the District 9 

Environmental Commission (Docket No. 58-5-14 Vtec), Attorneys Anderson and LaRosa advised 

STATE OF VERMONT

SUPERIOR COURT ENVIRONMENTAL DIVISION

Vermont Unit Docket No. 21-2-13 Vtec

Docket No. 58-5-14 Vtec

Docket No. 60-5-14 Vtec
that they believed that all legal issues raised by the WhistlePig appeal could be addressed by 

the motion and cross-motion for summary judgment that 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 conference and concurred with Attorneys Anderson 

and LaRosa’s assessment. 

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

1. Attorney Tarrant shall consult with his clients, and advise the Court no later than 

Tuesday, January 20, 2015, whether they object to the terms of the dismissal of Docket 

No. 60-5-14 Vtec announced by the Court in its January 9, 2015 decision. 

2. The parties shall file their Stipulation for Dismissal of Docket No. 21-2-13 Vtec, if 

successfully negotiated, with the Court no later than Thursday, January 22, 2015. 

3. All responses to and replies for the outstanding pre-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 considered 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 evidentiary hearing 

is needed as it considers the pending motions. 

So ordered. 

Electronically signed on January 16, 2015 at Newfane, 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 Person Natural Resources Board 

Elizabeth Lord (ERN 4256), Attorney for Interested Person Agency of Natural Resources 

Gerald R. Tarrant (ERN 3786), Attorney for Interested Person George Gross 

Gerald R. Tarrant (ERN 3786), Attorney for Interested Person Barbara Wilson 

Gerald R. Tarrant (ERN 3786), Attorney for Interested 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 

dchamber