                                       State of Vermont
                            Superior Court—Environmental Division

=========================================================================
                  ENTRY REGARDING MOTION
=========================================================================

In re Lawrence Site Plan Approval                   Docket No. 166-10-10 Vtec
(Appeal from Town of Brattleboro Development Review Board decision)

Title: Motion to Dismiss (Filing No. 11)
Filed: June 7, 2011
Filed By: Appellee Stephen Lawrence
Response in opposition filed on 6/21/11 by Appellant Susan Rockwell
 ___ Granted                          X Denied                         ___ Other

        By motion, Appellee Stephen Lawrence requests dismissal of Susan Rockwell’s
appeal. In his motion Mr. Lawrence lists a number of reasons he believes dismissal is
justified, reasons that chiefly speak to Ms. Rockwell’s behavior in this proceeding and the
prejudices he has allegedly suffered due to Ms. Rockwell’s purported delays.
       We have considered the arguments that Mr. Lawrence puts forward and conclude
that, even if we were to assume the accuracy of his allegations, we would not have before
us a reason to dismiss Ms. Rockwell’s appeal. We remind the parties that dismissal is
viewed as the “ultimate sanction” and should only be issued in extreme circumstances.
See, e.g., State v. Howe Cleaners, Inc., 2010 Vt. 70, ¶ 18. Mr. Lawrence’s allegations do
not establish that such extreme circumstances exist here. Consequently, we must DENY
his motion to dismiss.
       We further note that all terms contained in the initial Scheduling Order (filed
January 19, 2011) have now expired. It appears that the only remaining procedural step
in this on-the-record appeal is for the parties to file their legal briefs, so that the Court
may consider the merits of this appeal. We remind the parties that the Court is not
allowed to consider new evidence or conduct a trial in this on-the-record appeal. See
V.R.E.C.P. 5(h)(1). Rather, our task is to consider the record made before the DRB and
determine whether the DRB’s factual findings are supported by “substantial evidence”
present in the record. In re Stowe Highlands Resort PUD and PRD Application, 2009 VT
76, ¶ 7, 186 Vt. 568 (citation omitted).
       So as to fulfill these procedural requirements, we hereby direct Appellant Rockwell
to file her legal brief no later than Monday, August 29, 2011 and the Town of
Brattleboro and Appellee Lawrence to file their respective legal briefs no later than
Monday, September 19, 2011.


_________________________________________                                 July 27, 2011_____
       Thomas S. Durkin, Judge                                                Date
=============================================================================
Date copies sent to: ____________                                           Clerk's Initials _______
Copies sent to:
  Appellant Susan Rockwell, Esq., Pro Se
  Jodi P. French, Attorney for Interested Person Town of Brattleboro
  Appellee Stephen Lawrence, Pro Se
