NASH v. WARREN ZONING BD. OF ADJUSTMENT

No. 87-034.

569 A.2d 447 (1989)

Virginia NASH v. WARREN ZONING BOARD OF ADJUSTMENT.

Supreme Court of Vermont.

Motion for Reargument Denied November 7, 1989.


Attorney(s) appearing for the Case

George E. Rice, Jr., Montpelier, for plaintiff-appellee.

Gloria K. Rice of McKee, Giuliani & Cleveland, Montpelier, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MAHADY, JJ.


DOOLEY, Justice.

The Warren Zoning Board of Adjustment (Board) appeals an order of the Washington Superior Court granting declaratory relief to plaintiff Virginia Nash. At issue is the court's holding that, after the Board had voted initially to approve Nash's application for a conditional use permit, it lacked the authority to reopen the matter and deny the application. The court declared the Board's denial of the permit to be void. We reverse.

Under the...

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