Appellants Barred From Challenging Car Wash Due to Failure to Participate in Development Review Board Process

In In re Appeal of MDY Taxes, Inc., and Village Car Wash, Inc., 2015 VT 65 (April 17, 2015), the Vermont Supreme Court affirmed that appellants lacked standing because they did not participate in the Development Review Board (DRB) process below.

Issue: Appellants did not participate in the DRB process in Middlebury, but sought to challenge the approval of a development plan through an appeal to the Environmental Division of the Superior Court. The environmental court dismissed the appeal for lack of jurisdiction, and appellants sought review by the Vermont Supreme Court.

Holding: No procedural defect prevented appellants from appearing before the DRB, and it would not be “manifestly unjust” for them not to be afforded party status to appeal. All notice requirements were met to notify the appellants of the development proposal and the DRB hearing.