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SHORTLE v. BD. OF ZONING ADJUSTMENT

Nos. 152-77, 172-77.

388 A.2d 430 (1978)

Charles SHORTLE and Manuel Martin v. The BOARD OF ZONING ADJUSTMENT OF the CITY OF RUTLAND and Erin Corporation.

Supreme Court of Vermont.

June 6, 1978.

Attorney(s) appearing for the Case

Henry J. Battles, Rutland, for plaintiffs.

Harry R. Ryan, III, and Allan R. Keyes of Ryan, Smith & Carbine, Ltd., Rutland, for Erin Corp.

Robert E. Broderick, Acting Rutland City Atty., Rutland, for Bd. of Zoning Adjustment of the City of Rutland.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

PER CURIAM.

The Rutland City Zoning Administrative Officer denied defendants below a zoning permit to operate a restaurant. They appealed to the Zoning Board of Adjustment, which ruled the proposed use a permitted one. Plaintiffs sought to reverse this decision by bringing a declaratory judgment action to the Rutland Superior Court. Upon motion, that court dismissed the action upon the authority of Fisher v. Town of Marlboro, 131 Vt. 534, 310...

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