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GARZO v. STOWE BD. OF ADJUSTMENT

No. 83-013.

476 A.2d 125 (1984)

Kenneth GARZO v. STOWE BOARD OF ADJUSTMENT, Lee Darrow, Administrative Officer of the Town of Stowe Board of Adjustment, and R. Edwin Jacobsen.

Supreme Court of Vermont.

April 6, 1984.

Attorney(s) appearing for the Case

Valsangiacomo, Detora & McQuesten, P.C., Barre, for plaintiff-appellant.

Lisman & Lisman, Burlington, for defendant-appellee Jacobsen.

Before HILL, UNDERWOOD, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

PECK, Justice.

Plaintiff, Kenneth Garzo, brought suit for an order in the nature of mandamus to compel defendants Stowe Board of Adjustment and Lee Darrow, the board's administrative officer, to enforce a zoning bylaw against defendant R. Edwin Jacobsen. The complaint alleged that the board granted defendant Jacobsen a conditional use permit to operate a budget family restaurant within the town of Stowe. The condition, imposed pursuant to a zoning bylaw, required...

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