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TOWN OF SHELBURNE v. KAELIN

No. 95-79.

415 A.2d 194 (1980)

TOWN OF SHELBURNE v. Joseph F. KAELIN, Jr.

Supreme Court of Vermont.

April 8, 1980.

Attorney(s) appearing for the Case

William G. Livingston of Spokes & Obuchowski, South Burlington, for plaintiff.

Gilbert F. Myers, Essex Junction, for defendant.

Before BARNEY, C. J., DALEY and BILLINGS, JJ., KEYSER, J. (Ret.), and GIBSON, Superior Judge, Specially Assigned.

BILLINGS, Justice.

This case comes before us for the second time in this appeal. In the original action, plaintiff-appellee here sought to enjoin the defendant-appellant from operating an auto service center on his property, it being prohibited by 1963 zoning regulations. The cause was remanded in order to allow the defendant to present evidence relative to his affirmative claim of a prior nonconforming use. Town of Shelburne v. Kaelin, 136 Vt. 248,

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