SMITH v. TOWN OF ST. JOHNSBURY

No. 87-010.

554 A.2d 233 (1988)

H. Gordon SMITH et al. v. TOWN OF ST. JOHNSBURY and George Pratt d/b/a Northern Petroleum Co.

Supreme Court of Vermont.

September 2, 1988.


Attorney(s) appearing for the Case

James C. Gallagher of Downs Rachlin & Martin, and Primmer & Piper, St. Johnsbury, for plaintiffs-appellants.

Swainbank, Morrissette, Neylon & Hickey, St. Johnsbury, for defendant-appellee.

Before ALLEN, C.J., PECK, DOOLEY and MAHADY, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


DOOLEY, Justice.

On March 4, 1986, the voters of the Town of St. Johnsbury voted to change the zoning of 10.17 acres of land owned by defendant Northern Petroleum Company (Northern) at the intersection of Route 2 and Western Avenue from Rural Land—1 to Highway-Commercial. Plaintiffs, who are adjoining landowners, brought this action first to prevent the vote and then, after the vote, to invalidate the zoning change. The case was submitted to the superior court...

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