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.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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.

© Glenn Howland | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.