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Vermont Supreme Court Affirms Dismissal of Challenges to Champlain Parkway Necessity Order

Posted on June 29, 2020 by Brian Dunkiel and Jonathan Rose

The Vermont Supreme Court has affirmed the dismissal of two separate legal challenges to a ‘Necessity Order’ related to the Champlain Parkway public transportation project in the City of Burlington.  The Court issued the decisions (which can be found here and here) on June 19, 2020, finding that two potential challengers did not have standing to appeal the Burlington City Council’s order, which acquired several property easements needed for the Project’s right of way.

The Champlain Parkway project is a proposed transportation link connecting I-189 and U.S Route 7 with Burlington’s City Center District. In addition to improving traffic circulation, alleviating capacity overburdens, and improving safety on local streets, the Project will include new shared-use paths, recreational areas, and stormwater improvements in Burlington’s south end.

The Supreme Court’s decisions move the Parkway a step closer to completion, and were just the latest rejecting challenges to the Parkway.  In 2015, the Court upheld the Project’s Act 250 land use permit, and in 2018, rejected a challenge to a wetlands Conditional Use Determination issued by the Agency of Natural Resources.

SRH Law attorneys Jon Rose and Brian Dunkiel represented the City in the case before both the Vermont Supreme Court and the Vermont Superior Court, Chittenden Unit.

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