Supreme Court of Vermont, 1982

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

Champlain Valley Milk Producers, Inc. v. Vermont Milk Control Board
Supreme Court of Vermont · Decided April 2, 1982
141 Vt. 656; 446 A.2d 381; 1982 Vt. LEXIS 486

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

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.

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