Applicant Times and Seasons, LLC, appeals from the Environmental Court’s grant of summary judgment to the Natural Resources Board and corresponding denial of applicant’s Act 250 permit application to construct and operate a gift shop and deli with related improvements on Dairy Hill Road in the Town of Royalton. Applicant argues that it may avail itself of the definition of “primary agricultural soils” in 10 V.S.A. § 6001(15) amended during the course of its litigation to secure compliance with criterion 9(B), 10 V.S.A. § 6086(a)(9)(B), the only Act 250 criterion for which it has not received approval. We disagree and therefore affirm.
An application for reconsideration cannot rely on a favorable change in law. See 10 V.S.A. § 6087(c). On reconsideration, applicants must demonstrate through changes to the project itself that the deficiencies identified in the permit application’s denial have been corrected. To take advantage of the change in law, applicant must begin the Act 250 permit process anew.
An application for reconsideration cannot rely on a favorable change in law. See 10 V.S.A. § 6087(c). On reconsideration, applicants must demonstrate through changes to the project itself that the deficiencies identified in the permit application’s denial have been corrected. To take advantage of the change in law, applicant must begin the Act 250 permit process anew.
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