In Re Orzel

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that commercial gravel operation preexisted Act 250 where findings indicated that gravel was removed intermittently and no evidence indicated abandonment of those intermittent activities
• noting Board’s finding that petitioners had no specific proposal for their operation, and stating that Board could not “determine whether some activity constitutes a substantial change to a pre-existing operation unless it is made aware of what that activity is”
• noting Board’s finding that petitioners had no specific proposal for their operation, and stating that Board could not “determine whether some activity constitutes a substantial change to a pre-existing operation unless it is made aware of what that activity is”
• “[A]n agency’s conclusions of law will be upheld if they are fairly and reasonably supported by the findings of fact.”
• purpose of a declaratory ruling is to determine the applicability of a statutory provision, rule or order, not to issue guidelines
• “The Board cannot determine whether some activity constitutes a substantial change to a pre-existing operation unless it is made aware of what that activity is.”

Source: CourtListener parenthetical corpus (CC0).