Champlain Valley Milk Prod., v. Vermont Milk Control Bd.

Full title: CHAMPLAIN VALLEY MILK PRODUCERS, INC. v. VERMONT MILK CONTROL BOARD

Court: Supreme Court of Vermont

Date published: Apr 2, 1982

446 A.2d 381 (Vt. 1982)

449 A.2d 984

141 Vt. 656

Opinion

No. 82-104

April 2, 1982.

Appeal from Milk Control Board.

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.