                                     STATE OF VERMONT
                             Superior Court - Environmental Division

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                    ENTRY REGARDING MOTION
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Merchant & Anderson Site Plan Application          Docket No. 205-10-09 Vtec
     (Appeal from Village of Waterbury Planning Commission determination)

Title: Motion to Clarify Admissibility (Filing No. 5)
Filed: October 29, 2010
Filed By: Laruen S. Kolitch, Attorney for Appellees Amy Anderson and Michael Merchant
Response: None (the Court considered Appellant’s Nov. 5th motion as a response.)

   Granted                Denied            X Other

         Pending before the court is Neighbor’s motion to clarify the admissibility of evidence at
trial, which raises similar evidentiary issues to the motion Applicants recently filed to exclude
the evidence and testimony of John Pitrowiski, whom Neighbor plans to call as an expert witness
at trial. We addressed the common legal issues in an Entry Order issued today in response to
Applicants’ motion; that Order provides a more detailed explanation for our reasoning in
declining to exclude Mr. Pitrowski’s testimony at this time.
        To the extent that Applicants seek an order prohibiting John Pitrowiski from offering
evidence at trial due to the tardy or allegedly inadequate disclosure by Neighbor, we decline to
grant such a severe sanction. Therefore, we conclude that Appellant my offer the testimony of
John Pitrowiski at trial. To the extent that new objections are raised to Mr. Pitrowski’s testimony
or other evidence introduced through him, the Court will address such objections as they arise
during the trial.




___________________________________________               ___November 18, 2010____
       Thomas S. Durkin, Judge                                     Date
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Date copies sent to: ____________           Clerk's Initials _______
Copies sent to:
  Paul S. Gillies, Attorney for Appellant Valerie Zimmerman
  Lauren S. Kolitch, Attorney for Appellee/Applicants Amy Anderson and Michael Merchant
  Attorney David W. Rugh for Interested Person Village of Waterbury
