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SMITH v. WINHALL PLANNING COMMISSION

No. 362-80.

436 A.2d 760 (1981)

Herbert O. SMITH, d/b/a Smith Meadows v. WINHALL PLANNING COMMISSION.

Supreme Court of Vermont.

September 1, 1981.

Attorney(s) appearing for the Case

Lawrence G. Slason of Salmon & Nostrand, Bellows Falls, for plaintiff.

Evans, O'Neil & Chamberlain, Ltd., Manchester Center, for defendant.

Before BARNEY, C. J., LARROW, BILLINGS and HILL, JJ., and DALEY, J. (Ret.), Specially Assigned.

LARROW, Justice.

Herbert O. Smith, as owner of the property involved, applied to the Winhall Planning Commission for approval of a proposed subdivision adjacent to Gale Meadows Lake. The application was denied for claimed noncompliance with existing zoning regulations. Smith appealed to the Bennington Superior Court, which reversed the decision of the Planning Commission. A resulting notice of appeal to this Court was filed by the Planning Commission.

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