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CITY OF BURLINGTON v. JAY LEE INC.

No. 74-71.

290 A.2d 23 (1972)

CITY OF BURLINGTON v. JAY LEE INC. d/b/a Dunkin Donuts.

Supreme Court of Vermont, Chittenden.

April 4, 1972.

Attorney(s) appearing for the Case

Joseph E. McNeil, City Atty. and Corp. Counsel, for plaintiff.

Lisman & Lisman, Burlington, for defendant.

Before SHANGRAW, C. J., and BARNEY, SMITH, KEYSER and DALEY, JJ.

KEYSER, Justice.

This is a petition for injunctive relief against the defendant to restrain the violation of Title 7, Chapter 3, Subsection 13, Section 1483 of its ordinances, effective on January 6, 1971. The ordinance provides as follows:

"In any residential zone of the City, no restaurant, lunchroom, public eating places and drug stores and other stores dispensing food and drink to the public for consumption on the premises shall remain open for business...

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