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LUBINSKY v. FAIR HAVEN ZONING BD.

No. 84-343.

527 A.2d 227 (1987)

Robert and Jeanette LUBINSKY v. FAIR HAVEN ZONING BOARD.

Supreme Court of Vermont.

Reargument Denied April 9, 1987.

Attorney(s) appearing for the Case

Smith Harlow & Liccardi, P.C., Rutland, for plaintiffs-appellants.

DeBonis & Wright, P.C., Poultney, for defendant-appellee.

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

BARNEY, Chief Justice (Ret.), Specially Assigned.

The plaintiffs, Robert and Jeanette Lubinsky, own a house and lot in Fair Haven which they are seeking to convert to a two-family dwelling. An unsuccessful application to the Fair Haven Zoning Board was followed by an appeal to Rutland Superior Court for a de novo hearing in accordance with V.R.C.P. 74. The facts were stipulated and that court also determined that the requested zoning permit for remodeling was properly...

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