                                      State of Vermont
                           Superior Court—Environmental Division

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                   ENTRY REGARDING MOTION
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In re Bennington Wal-Mart Demolition/Constr. Permit           Docket No. 158-10-11 Vtec
(Appeal from District #7 Environmental Commission Determination)


Bennington Wal-Mart Municipal Permit                                  Docket No. 26-2-06 Vtec

Title: Request to Dismiss (Filing No. 5)
Filed: February 14, 2013
Filed By: Appellant Vermont Natural Resources Council, Appellant Citizens for Greater
Bennington, BLS Bennington LC and Wal-Mart Real Estate Business Trust
Response filed: None


 X Granted                        Denied                  ___ Other

        The Vermont Natural Resources Council (VNRC) and Citizens for a Greater Bennington
(CFGB), and thirty-seven Appellants in Docket No. 26-2-06 Vtec (Individual Appellants), and
BLS Bennington LC and Wal-Mart Real Estate Business Trust filed a Stipulation of Dismissal
(Stipulation) on February 13, 2013. Based upon the Stipulation, the Individual Appellants
voluntarily dismiss with prejudice their appeal of the January 17, 2006 Town of Bennington
Development Review Board decision (Docket No. 26-2-06 Vtec). Also, pursuant to the
Stipulation, VNRC and CFGB voluntarily dismiss with prejudice their appeal of the September
23, 2011 District 8 Environmental Commission Permit #8B0079-8 (Docket No. 158-10-11 Vtec).
         With respect to Docket No. 26-2-06 Vtec, cross-Appellant BLS Bennington LC withdrew
its cross-appeal pursuant to a settlement agreement filed with this Court on or about July 30,
2009. Accordingly, as the Individual Appellants were the only remaining parties with standing
to maintain the appeal, upon the terms expressed within the Stipulation, we hereby DISMISS
the appeal. The January 17, 2006 Town of Bennington Development Review Board Decision
granting development plan and design plan approval and zoning permit approval, as modified,
if at all, by the 2009 settlement agreement and the Stipulation, is now final and binding. This
completes the appeal proceedings in this matter.
        With respect to Docket No. 158-10-11 Vtec, upon the terms expressed within the
Stipulation, we hereby DISMISS VNRC’s and CFGB’s appeal. Because, however, there is a
cross appeal in this matter by Cross Appellants Down to Earth Golf Course Construction, Inc.
d/b/a Mt. Anthony Country Club and David Griffin and Maru Leon Griffin, this matter will
now proceed upon the cross appeal only. We note that there is a pending interlocutory appeal
to the Vermont Supreme Court (Supreme Court Docket No. 2012-347). We must await
jurisdiction being returned to this Court prior to reactivating our proceedings.
In re Bennington Wal-Mart, No. 158-10-11 Vtec                                                            Pg. 2 of 2.
Bennington Wal-Mart Municipal Permit, No. 26-2-06 Vtec

      Neither the Stipulation nor this Entry Order impact a third related appeal entitled
Bennington Wal-Mart Stormwater Permit (Docket No. 49-3-10 Vtec).



_________________________________________                                        February 20, 2013
       Thomas G. Walsh, Judge                                                        Date
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Date copies sent: ____________                                               Clerk's Initials: _______
Copies sent to:
 Attorneys Paul Brierre, Jamey Fidel for Appellant Vermont Natural Resources Council and Appellant Citizens for
  Greater Bennington
 Attorney David Grayck for Cross Appellants Down to Earth Golf Course Const. dba Mt. Anthony Country Club,
   David Griffin, and Maru Leon Griffin
 Attorneys Elizabeth Lord, William H. Rice for Interested Person Agency of Natural Resources
 Attorney Robert E. Woolmington for Interested Person Town of Bennington
 Attorney John H. Hasen for Interested Person Natural Resources Board/LU Panel
 Attorney Alan B. George for Appellee BLS Bennington L.C.
