Champlain Valley Milk Producers, Inc. v. Vermont Milk Control Board

Supreme Court of Vermont April 2, 1982

Champlain Valley Milk Producers, Inc. v. Vermont Milk Control Board, 141 Vt. 656 (Vt. 1982)

446 A.2d 381; 1982 Vt. LEXIS 486

Opinion of the Court

A. Motion to stay enforcement/implementation of Milk Control Board Rule, denied.

B. Appellee’s motion to dismiss for lack of jurisdiction is granted;

1. The proceeding below was rule making in nature and not a contested case under 3 V.S.A. Chapter 25. Accordingly, this Court is without jurisdiction.

2. Appellant failed to apply to the Milk Control Board for a rehearing, 6 V.S.A. § 2931(b), and this Court is without jurisdiction.

Reference

Full Case Name: CHAMPLAIN VALLEY MILK PRODUCERS, INC. v. VERMONT MILK CONTROL BOARD
Status: Published