### Killington Village Master Plan Act 250 Application

ENTRY REGARDING MOTION

Click here to enter text. Title: Motion for Withdrawal of Opposition by Pinn acle Condo Assoc. (Motion 13) Filer: SP Land Company, LLC Attorney: Christopher D. Roy Filed Date: November 4, 2015

No response filed

The motion is GRANTED IN PART.

SP Land Company, LLC (“Applicant”) moves this Court to allow for the withdrawal of the opposition presented by Pinnacle Condominium Associ ation, Inc. (“Pinnacle”), subject to the acceptance by the Court of the revised site plans t hat have been offered in the companion parking project appeal. See In re Killington Resor t Parking Project Act 250 Amend. App., No. 173-12-13 Vtec. Pinnacle assents to Applicant’s pe nding motion, on the condition that the revised site plans are accepted into evidence. Id.

Applicant filed its pending motion on November 4, 2 014 and certified that it had served all parties. To date, the Court has not received a n objection to Applicant’s motion from any party to this appeal. Based upon the lack of objec tion and the benefit of the settlement reached between two of the principal parties to thi s litigation, the Court hereby GRANTS Applicant’s requests, subject to the condition that the proposed revised plans in the Parking Project appeal are accepted into evidence.

Given that a final determination on the admissibili ty of the revised site plan will not be made until after the parties in the Parking Project appeal give notice to the Court on or before January 15, 2015, the Court will suspend the issuan ce of its Merits Decision in this appeal until
after that date. To the extent that notices of no objection to Applicant’s requested admission of the revised site plans are received by the Court prior to January 15th, we will take appropriate action upon the Merits Decision. 

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## V ERMONT

SUPERIOR COURT ENVIRONMENTAL DIVISION Environmental Division Unit Docket No. 147-10-13 Vt ec**In re Killington Resort Master Plan Act 250 App., N o 147-10-13 Vtec (EO on Motion to Withdraw PCA Oppos**  **ition)**

**(12-11-2015) Page 2 of 2.** 

So ordered.

Electronically signed on December 11, 2015 at Newfa ne, Vermont, pursuant to V.R.E.F. 7(d).

________________________________ Thomas S. Durkin, Judge
Environmental Division

Notifications: Christopher D. Roy (ERN 1352), Attorney for Appella nt/Applicant SP Land Company, LLC
Jon S. Readnour (ERN 2166), Attorney for Interested Person Pinnacle Condo. Association, Inc.
Nathan H. Stearns (ERN 3585), and C. Daniel Hershen son (ERN 3586), Attorneys for Cross- Appellants Stephen Durkee, Mountainside Propert ies, Inc., Mountainside Development, Inc., Fireside Properties, LLC, and Village Prop. Inc

. Carl H. Lisman (ERN 3882), Attorney for Interested Person Highridge Condominium Owners'
Robert E. Woolmington (ERN 3047), Attorney for Inte rested Persons Rutland County Regional Planning Comm., Two Rivers Ottauquechee Regiona l Planning Comm., and South Windsor County Regional Planning Comm.
Melvin B. Neisner (ERN 3792), Attorney for Interest ed Persons Sherburne Volunteer Fire Dept., Mike Moriaty, Mountain Green Condo Assoc., and Edgm ont Homeowners Assoc. Gregory J. Boulbol (ERN 1712), Attorney for Vermont Natural Resources Board
Elizabeth Lord (ERN 4256), Attorney for Interested Person Agency of Natural Resources

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