Vermont Supreme Court Opinion


This is a watershed zoning case that established well articulated rules for the enforcement of municipal zoning ordinances in Vermont. The property owner built an addition in violation of zoning setback restrictions and an enforcement action commenced. This case presented a conflict of culture as well as of private / public interests, as the rural community at issue had not established a history of enforcement. The Court reiterated that perfection is not required of a municipality in its zoning and planning efforts, but rather the rules of common sense and good faith still operate.

Issues examined on appeal: Selective enforcement, equitable estoppel, constitutional taking and equal protection, ultra vires action, Dillon's Rule, prior nonconforming structures, application of good faith doctrine, relaxed standard for municipal injunctive relief.

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Reference Info:Decision | State, 2nd Circuit, Vermont | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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