State of Vermont Superior Court Chittenden Unit Civil Divisivon Docket No.: 22-CV-00510 

Mongeon Bay Properties, LLC

Plaintiff,

v.

Town of Colchester,

Defendant.

PETITION FOR HEARING TO DETERMINE NECESSITY

NOW COMES the Town of Colchester ("Town"), by and through its counsel, Monaghan Safar Ducham PLLC, and pursuant to Title 24, Chapter 97 and Chapter 101, hereby submits the following petition ("Petition") on behalf of the Town Board of Sewage System Commissioners and the Town Board of Sewage Disposal Commissioners for a hearing to determine the necessity of taking certain land at 885 East Lakeshore Drive. See 24 V.S.A. §§ 3508, 3604. In support of this Petition, the Town, through its Boards, proposes taking land for the purpose of constructing, maintaining, operating, and repairing a stormwater treatment facility to replace an existing 24" stormwater outflow located at 885 East Lakeshore Drive. The outfall is one of the largest on East Lakeshore Drive and discharges 3.7 million gallons of untreated stormwater into Malletts Bay annually. The proposed stormwater treatment facility will provide three levels of treatment prior to stormwater discharge into Malletts Bay. The Town cannot construct or operate the stormwater treatment facility without taking the entire parcel and removing the existing building at 885 East Lakeshore Drive.

The land to be taken, purchased, or acquired is particularly described in the October 26, 2021 survey, "Stormwater Improvements 885 East Lakeshore Drive — Proposed Taking Limits," by Donald L. Hamlin Consulting Engineers, Inc. The survey is on file in the Town Clerk's Office, and is annexed and incorporated by reference into this petition as if set forth fully herein.

WHEREFORE, the Town respectfully requests that this Honorable Court fix a time and place when it will hear all parties concerned and determine whether such taking is necessary.

Dated this 14th day of November, 2022.

MONAGHAN SAFAR DUCHAM PLLC

Brian P. Monaghan, Esq.

Kristen E. Shamis, Esq.

Monaghan Safar Ducham PLLC

156 Battery Street

Burlington, VT 05401

[email protected]

(802) 660-4735

Attorneys for the Town of Colchester

VERMONT SUPERIOR COURT

Chittenden Unit

175 Main Street, PO Box 187

Burlington, VT

05402

802-863-3467

www.vermontjudiciary.org

CIVIL DIVISION

Case No. 22-CV-00510

Date: May 17, 2024

NOTICE OF HEARING

Mongeon Bay Properties, LLC v. Town of Colchester

This is the notify to appear at the Court named above in connection with the above-named case on:

DATE: October 21, 2024

TIME: 8:30 AM

DURATION: 8 Hours

DATE: October 22, 2024

TIME: 8:30 AM

DURATION: 8 Hours

DATE: October 23, 2024

TIME: 8:30 AM

DURATION: 8 Hours

HEARING RE: Bench Trial

IMPORTANT NOTE FROM THE CLERK: Please exchange your lists of pre-marked exhibits prior to the trial/hearing. Please include an Exhibit List, providing a title for each exhibit. Thank you.

YOU MUST ATTEND THIS HEARING IN PERSON AT THE COURTHOUSE UNLESS YOU RECEIVE ADVANCE PERMISSION FROM THE COURT TO ATTEND REMOTELY (BY PHONE OR VIDEO).

Electronically signed on Friday, May 17, 2024 @10:27 AM, pursuant to V.R.E.F. 9 (d)

Evelyn Nimmo (She/Her)

Judicial Assistant

Any individual with a disability requiring assistance accessing the services, programs, and/or activities at the Courthouse should contact the Clerk's office at the above address for further assistance.