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BENZIE v. TOWN OF UNDERHILL

No. 522-81.

454 A.2d 1233 (1982)

Ward E. BENZIE and Evelyn M. Benzie v. TOWN OF UNDERHILL.

Supreme Court of Vermont.

November 30, 1982.

Attorney(s) appearing for the Case

David C. Drew, Jericho, for plaintiffs-appellees.

Craig Weatherly and Stephen R. Crampton of Gravel, Shea & Wright, Ltd., Burlington, for defendant-appellant.

Before BILLINGS, HILL, UNDERWOOD and PECK, JJ., and DALEY, J. (Ret.), Specially Assigned.

UNDERWOOD, Justice.

This case involves the efforts of the plaintiffs to obtain permission to construct a second dwelling on a parcel of property located in the Town of Underhill, Vermont (hereinafter the Town). In the relevant portion of the Town, the zoning regulations require a minimum of three acres for each single family dwelling. The Town Zoning Administrator denied plaintiffs' application for a building permit because the parcel, as originally described by the...

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