In re Application of Beach Properties, Inc.

Summary

The Vermont Supreme Court reviewed appeals arising from the Public Service Board’s approval of a photovoltaic net-metering system for Basin Harbor Club. The court held that an adjoining landowner who actively participated in the proceeding and was treated as a party could qualify as a de facto party despite not formally moving to intervene. It reversed the Board’s dismissal of the landowner’s motion for reconsideration and remanded for consideration of that motion on the merits, while dismissing the other appeal as untimely.

Holdings

1. Grover's appeal was untimely because his motion for reconsideration was not timely filed and therefore did not toll the thirty-day appeal period; the Supreme Court lacked jurisdiction to consider his appeal.
2. A nonparty may be recognized as a de facto party for purposes of appeal in exceptional circumstances when the person actively participated in the proceeding, has a personal stake in the outcome, and the equities favor hearing the appeal.
3. McGuire qualified as a de facto party because she was an adjoining landowner who received notice, actively participated through extensive comments and exhibits, raised substantial issues addressed by the Board, was treated as a party during the proceeding, and was not prejudiced by the absence of a formal intervention motion.

Questions Presented

1. Whether Grover's appeal was timely when his motion for reconsideration was filed after the applicable deadline.
2. Whether McGuire had standing to appeal and to file a motion for reconsideration despite not formally moving to intervene before the Public Service Board.
3. Whether McGuire's participation and the Board's treatment of her submissions established de facto party status.

Disposition

reversed_and_remanded