CHIOFFI v. WINOOSKI ZONING BD.

No. 87-100.

556 A.2d 103 (1989)

Gregory CHIOFFI v. WINOOSKI ZONING BOARD.

Supreme Court of Vermont.

January 13, 1989.


Attorney(s) appearing for the Case

Jarvis & Kaplan, Burlington, for plaintiff-appellant.

William E. Wargo, City Atty., Winooski, for defendant-appellee.

Jeffrey L. Amestoy, Atty. Gen. and Marilyn Signe Skoglund, Asst. Atty. Gen., Montpelier, for amicus curiae State.

Before ALLEN, C.J., PECK, GIBSON and DOOLEY, JJ., and KEYSER, J. (Ret.), Specially Assigned.


GIBSON, Justice.

Plaintiff appeals from a decision by the Chittenden Superior Court holding unconstitutional the de novo trial provision of 24 V.S.A. § 4472. We reverse.

I.

The facts are not in dispute. Plaintiff sought a dimensional variance and conditional use approval prior to reconstructing a substantially fire-damaged structure in the City of Winooski. After a hearing, the Winooski Zoning Board (Board) denied plaintiff's request because...

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