Land Use, Environmental, and Real Estate Litigation
Contacts:
Samuel Hoar, Jr. Austin D. Hart
Practice Profile:
Land Use
Our attorneys help clients navigate Vermont’s complex real estate permitting regime. We represent clients at all levels of the permitting and development process including municipal zoning, Act 250, ANR Wastewater and Water Supply, Stormwater, and Wetlands.
For clients acquiring real property, we offer services including review of existing permits and troubleshooting non-compliance. For those entering the permitting process, we can assist by helping to prepare for municipal and state hearings and have represented clients in all aspects of permitting appeals to the Environmental Division of the Vermont Superior Court (formerly known as the Environmental Court). We also have experience with assisting clients in the permitting and development of renewable energy projects.
Our clients in land use matters include hospitals, colleges, developers, nonprofits, individuals, and land conservation organizations.
Representative Transactions:
Representation of an institution of higher education in an appeal to the Environmental Division of the Superior Court regarding the construction of a student residence.
Representation of a residential homeowner seeking redevelop lakefront property with unique municipal zoning and state permitting requirements.
Advising institution of higher education on all aspects of adoption of a town plan that significantly impacts the development of the institution’s real property holdings.
Representation of neighboring municipality in PSB Certificate of Public Good Proceeding for proposed biomass power plant.
Environmental
We counsel clients on a range of environmental matters including hazardous materials, petroleum cleanup fund, and insurance claims. We have served as lead trial and appellate counsel in an environmental contribution action that implicated a wide range of common law and statutory issues and substantially shaped the contours of environmental cost recovery law in Vermont. We were also lead trial counsel in the only environmental insurance coverage case tried to a Vermont jury. Finally, we have successfully represented individuals and businesses in actions involving claims of environmental contamination and exposure resulting in alleged personal injury and property damage.
Real Estate Litigation
Our expert litigators and seasoned real estate transactional attorneys collaborate to represent clients in traditional real estate-related litigation. These matters include boundary disputes, spring right disputes, shared roadway issues, partition actions, condemnation proceedings, and foreclosures.
We also regularly represent non-profit, commercial, and residential property owners in property tax appeals with respect to valuation and exemption issues.
Representative Transactions:
Representation of non-profit landowner in appeal to superior court of tax exemption under the public, pious and charitable use exemption.
Representation of commercial campground owner in dispute over valuation of property by municipality as a result of a town-wide reappraisal.
Representation of non-profit school in condemnation action including challenge to necessity of taking and compensation for the real property condemned.
Representation of a manufacturing company in a commercial lease dispute regarding the ownership of the company’s trade fixtures.
Representation of private landowner in dispute over protective covenants.
Multiple representations of property owners and contractors in tree-cutting disputes.