CHAMPLAIN VALLEY MILK PROD., v. VERMONT MILK CONTROL BD., 141 Vt. 656 (1982)

CHAMPLAIN VALLEY MILK PROD., v. VERMONT MILK CONTROL BD., 141 Vt. 656 (1982)
446 A.2d 381, 449 A.2d 984

CHAMPLAIN VALLEY MILK PRODUCERS, INC. v. VERMONT MILK CONTROL BOARD

No. 82-104Supreme Court of Vermont.
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.