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TOWN OF SHELBURNE v. KAELIN

No. 58-77.

388 A.2d 398 (1978)

TOWN OF SHELBURNE v. Joseph F. KAELIN.

Supreme Court of Vermont.

June 6, 1978.

Attorney(s) appearing for the Case

Spokes & Obuchowski, South Burlington, for plaintiff.

Gilbert F. Myers, Essex Junction, for defendant.

Before BARNEY, C. J., DALEY, LARROW and BILLINGS, JJ., and SHANGRAW, C. J., (Ret.), specially assigned.

BILLINGS, Justice.

This is an appeal by the Town from the trial court's refusal to enjoin the appellee from operating an automobile service center on his property in Shelburne. Appellant's complaint alleged that appellee's use of his property was prohibited by the Town's zoning ordinances. Appellee's answer denied the allegations of the complaint; at trial, his defense was that his business operation constituted a prior non-conforming use not subject to the zoning...

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