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TOWN OF BENNINGTON v. HANSON-WALBRIDGE, ETC.

No. 319-79.

427 A.2d 365 (1981)

TOWN OF BENNINGTON v. HANSON-WALBRIDGE FUNERAL HOME, INC.

Supreme Court of Vermont.

Motion for Reargument Denied February 23, 1981.

Attorney(s) appearing for the Case

Witten & Carter, P. C., Bennington, for plaintiff.

Robinson E. Keyes of Ryan, Smith & Carbine, Ltd., Rutland, for defendant.

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

LARROW, Justice.

Plaintiff Town of Bennington sought injunctive and declaratory relief against defendant Hanson-Walbridge Funeral Home, Inc. It claimed that operation of a crematory for human bodies on funeral home premises, in an area zoned office-residential, was a violation of the local zoning ordinance, as an unauthorized extension of a pre-existing nonconforming use. The defendant relied upon a ruling by the town zoning administrator that no zoning permit was...

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