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LEVY v. ST. ALBANS ZONING BD. OF ADJ.

No. 89-046.

564 A.2d 1361 (1989)

James L. LEVY, et al. v. TOWN OF ST. ALBANS ZONING BOARD OF ADJUSTMENT.

Supreme Court of Vermont.

July 14, 1989.

Attorney(s) appearing for the Case

James W. Swift and Peter F. Langrock of Langrock Sperry Parker & Wool, Middlebury, for plaintiffs-appellees.

Brown, Cahill, Gawne & Miller, St. Albans, for appellee Town of St. Albans.

Spencer R. Knapp and Samuel Hoar, Jr., of Dinse, Erdmann & Clapp, Burlington, and John Kenneth Felter and Kenneth Parsigian of Goodwin, Proctor & Hoar, of counsel, Boston, Mass., for appellant.

Before MORSE, J., and BARNEY, C.J. (Ret.), KEYSER, J. (Ret.), BRYAN, Superior Judge and COOK, District Judge, Specially Assigned.

MORSE, Justice.

The Franklin Superior Court granted summary judgment declaring void a conditional use approval of a greyhound racing facility in St. Albans, Vermont, issued to Delaware North Companies. Delaware North appeals that order, contending that the court was without jurisdiction to review the town zoning board's 1984 ruling conditionally approving the track.1 We reverse and remand.

In early 1984, Delaware North acquired...

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