                                       State of Vermont
                            Superior Court—Environmental Division

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                   ENTRY REGARDING MOTION
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In re Stowe Highlands Lot Merger & Subdivision Application,    Docket No. 35-3-11 Vtec
  (On-The-Record appeal from Town of Stowe DRB lot merger and subdivision determinations)

Title: Motion to Seal records submitted for “in camera” review (Filing No. 4)
Filed: July 25, 2011
Filed By: Amanda Lafferty, Attorney for the Town of Stowe
Response in Opposition filed on 8/1/11 by Harold B. Stevens, Attorney for
Appellant/Applicants
  232511 Investments, Ltd.

_X_ Granted                                   Denied                         Other

        For all the same reasons detailed in the accompanying Entry Order addressing the
objection to the record proffered by the Town of Stowe (“Town”), which objection was filed on
behalf of Appellant/Applicant 232511 Investments, Ltd. (“Applicant”), the Court concludes that
the documents submitted by the Town for an in camera review constitute confidential
communications from the Town’s legal counsel concerning the legal proceedings of Applicant’s
past and current applications for permit amendments for the development known as Stowe
Highlands. The communications are privileged communications from an attorney to her client
and may be protected from court discovery procedures, pursuant to V.R.C.P. 26 and 1 V.S.A.
§ 317(c)(4). We therefore GRANT the Town’s request and have sealed the requested
documents, so as to prohibit them from being disclosed as a public record.




________________________________________                               September 9 2011        _
       Thomas S. Durkin, Judge                                               Date
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Date copies sent to: ____________                                             Clerk's Initials _______
Copies sent to:
  Harold B. Stevens, Attorney for Appellant 232511 Investments, Ltd.
  Amanda Lafferty and Joseph S. McLean, Attorneys for the Town of Stowe
  Interested Person Leighton C. Detora Esq.
