In C.V. Landfill, Inc. v. Envtl. Bd., 158 Vt. 386, 610 A.2d 145 (1992), the plaintiff attempted to challenge a decision of a district environmental commission that its landfill required an Act 250 permit because of modifications made to resolve environmental problems raised by the Agency of Natural Resources.
Rather than challenging the commission's finding by appealing to the environmental board, however, the plaintiff brought a declaratory judgment action in superior court.
The superior court dismissed the action on the basis of the primary jurisdiction doctrine, and the Court affirmed.