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On January 16, 2007, the Vermont Supreme Court issued a decision upholding a ruling of the Vermont Environmental Court, and in the process, created an important land-use precedent.

The Environmental Court denied a landowner's request to amend a local subdivision permit that precluded further subdivision of the property to preserve open space. The landowner nonetheless sought to amend the permit to further subdivide the property and build a house.

In denying the application, the Environmental Court, at the urging of the Town, applied Act 250 standards, validated by the Supreme Court in In re Stowe Club Highlands, 166 Vt. 33 (1996), concerning changed circumstances. This is believed to be the first time that the Environmental Court has applied the Stowe Club Highlands standards to a local subdivision permit.

On appeal, the Supreme Court affirmed the decision. It held that while neither the local bylaws, subdivision regulations, nor the Vermont Planning and Development Act expressly prohibit applications to amend final subdivision permits, the issued and unappealed subdivision permit, and its conditions, are final and cannot be collaterally challenged under the explicit and interpreted directive of 24 V.S.A. ß4472. However, while such unappealed conditions may no longer be challenged, they may be amended in appropriate circumstances. The Supreme Court found that application of the three-part Stowe Club Highlands test was appropriate to determine whether the subdivision permit could be amended.

SP&F represented the Town in this appeal, and we would be happy to discuss this particular holding, and application of Stowe Club Highlands to amendment applications for local zoning or subdivision permits.