TOWN OF SHERBURNE v. CARPENTER

No. 87-481.

582 A.2d 145 (1990)

TOWN OF SHERBURNE v. Gary CARPENTER. Gary CARPENTER v. TOWN OF SHERBURNE BOARD OF ADJUSTMENT.

Supreme Court of Vermont.

August 31, 1990.


Attorney(s) appearing for the Case

John F. Evers of Langrock Sperry Parker & Wool, Middlebury, for plaintiff-appellant.

Deborah S. McCoy of Keyser, Crowley, Banse & Facey, Rutland, for defendant-appellee.

Before PECK and DOOLEY, JJ., KATZ, Superior Judge, and CONNARN and SPRINGER, District Judges (Ret.), Specially Assigned.


DOOLEY, Justice.

This is an appeal by plaintiff, Town of Sherburne, from an order by the Rutland Superior Court refusing to grant an injunction against defendant Gary Carpenter and capping the amount defendant must pay the Town as a fine. The injunction sought would have required defendant to remove a part of a structure that was found to violate set-back requirements of the Sherburne zoning ordinance. We reverse and remand.

Defendant owned a building on Route...

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