                                       State of Vermont
                            Superior Court—Environmental Division

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                   ENTRY REGARDING MOTION
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In re Union Bank                                                            Docket No. 7-1-12 Vtec
(Appeal from District #5 Environmental Commission Decision)

Title:         Motion to Stay Appeal (stipulated) (Motion 14)
Filed:         June 26, 2014
Filed By:      Village of Jeffersonville
Attorney:      David W. Rugh
Response in support filed on 07/28/2014 by Elizabeth Lord, Attorney for Interested Person
 Vermont Agency of Natural Resources

___ Granted                    ___ Denied                      X   Other

        The parties have been successful in negotiating certain revisions to the development
Union Bank proposes in the Village of Jeffersonville. In order for the proposed redesign of
Applicant’s development to receive the appropriate review and consideration, the parties have
proposed that the Court stay the pending appeal, which concerns an application for an Act 250
permit for the Applicant’s original proposed development. The Village of Jeffersonville has
filed a motion for stay of the current appeal; no party has expressed an opposition to the
Village’s motion.
        The Court expressed its concern that the amount of time that this appeal will continue to
remain open (although stayed), given the time required to complete a land swap that the
revised plan requires and to complete the review of an application and plans for the revised
project by municipal and state permitting authorities. The Court discussed these concerns with
the parties during an August 4, 2014 telephone conference. Based upon the Court’s
representations, all parties agreed that the current appeal may be dismissed, without prejudice,
upon the terms recited below.
       Based upon the above, the Court does hereby DISMISS the above-referenced appeal,
without prejudice to the right of any party requesting that this appeal be re-opened. Such a
request to reopen must be filed within thirty (30) days of either: (1) denial of any necessary
permit; (2) withdrawal or dismissal of any necessary municipal or state land use permit
application; or (3) notice of default under the parties’ Settlement Agreement.
        If a re-opening is granted by the Court, this appeal shall be reactivated, with full effect of
all prior orders and party statuses as existed prior to this dismissal. A re-opened appeal shall
have this same docket number; no additional filing fee shall be required to re-open this appeal.
         Any party who wishes to request a reconsideration of the terms of this dismissal shall
file the appropriate motion within ten (10) business days of this Entry Order.
In re Union Bank, No. 7-1-12 Vtec (E.O. on Mot. for Stay) (8-07-2014)                                      Pg. 2 of 2.




_________________________________________                                             August 7, 2014
       Thomas S. Durkin, Judge                                                            Date
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Date copies sent: ____________                                                 Clerk's Initials: _______
Copies sent to:
 Claudine C. Safar (ERN 3985) and Courtney E. Butler (ERN 5095), Attorneys for Appellant Union Bank
 David W. Rugh (ERN 1507), Attorney for Interested Person Village of Jeffersonville
 Cross-Appellant Jean Jenkauskas
 Gregory J. Boulbol (ERN 1712), Attorney for Interested Person Vermont Natural Resources Board
 Elizabeth Lord (ERN 4256), Attorney for Interested Person Vermont Agency of Natural Resources
