IN RE CHAMBERLIN

No. 215-75.

360 A.2d 100 (1976)

In re Arthur CHAMBERLIN. Appeal of Elaine HOADLEY.

Supreme Court of Vermont.

June 1, 1976.


Attorney(s) appearing for the Case

Leighton C. Detora of Richard E. Davis Associates, Inc., Barre, for petitioner.

Adams, Meaker & Darby, Waterbury, for appellant.

Before SMITH, DALEY, LARROW and BILLINGS, JJ., and KEYSER, J. (Ret.), Specially Assigned.


LARROW, Justice.

Petitioner Chamberlin sought from the Washington County Court a declaratory judgment that his Duxbury junkyard is a pre-existing, non-conforming use under the zoning ordinance of that town. He had been granted a variance by the Duxbury Zoning Board of Adjustment in 1973, but the appellant, his neighbor, appealed this grant to the Washington Superior Court and was awarded a summary judgment.

Interestingly enough, the case below was tried without...

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