                                         State of Vermont
                              Superior Court — Environmental Division

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                         ENTRY REGARDING MOTION
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In re Cote Site Plan Approval                       Docket No. 52-4-10 Vtec
(Appeal of DRB Decision on Cote Site Plan)
Title: Motion to Quash Subpoena (Filing No. 15)
Filed: October 24, 2012
Filed By: Town of St. Albans, Vincent A. Paradis, Esq.
Response: November 5, 2012, by Appellant John E. Maslar,

X Granted                        __ Denied                      ___ Other

           On or about October 18, 2012, Attorney Vincent Paradis was served with a subpoena
requiring his appearance, presumably to serve as a trial witness, at the merits hearing in this
matter scheduled for November 27, 2012. The subpoena was requested by Mr. Leo Bilodeau,
one of the Appellants in this matter. The Environmental Division did not issue the subpoena
and it is otherwise unknown to the Court who issued the subpoena as the signatory line is not
legible.
           This matter is limited to the issues raised in this appeal of site plan approval granted by
the Town of St. Albans to Janet Cote on March 16, 2010. Attorney Paradis represents the Town
of St. Albans. In his motion to quash the subpoena, Attorney Paradis states that all information
acquired by him relating to this matter has been during the course of his representation of the
Town. Any testimony of Attorney Paradis relating to the matter before the Court would be
subject to the Attorney/Client privilege or otherwise protected from disclosure. Thus, pursuant
to V.R.C.P. Rule 45(c)(3)(A)(iii), Attorney Paradis’ timely motion to quash is GRANTED.
Attorney Paradis is not required to appear and testify in this matter.
           Attorney Paradis’ motion also requests that the Town’s costs and reasonable attorney
fees be awarded. Although V.R.C.P. 45(c) allows a court to enforce a party’s duty of avoiding
the imposition of undue burdens or expenses, we decline to order reimbursement of costs and
attorney fees at this time.


___________________________________________                                 November 7, 2012____
           Thomas G. Walsh, Judge                                                 Date
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Date copies sent to: ____________                                        Clerk's Initials _______
Copies sent to:
  Appellant Leo Bilodeau
  Appellant John E. Maslar
  Appellant Jerome Franklin
  Attorney Vincent A. Paradis for Interested Person Town of St. Albans
  Attorney Cynthia L. Broadfoot for Appellee Janet Cote
