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TOWN OF CHARLOTTE v. RICHMOND

No. 90-528.

609 A.2d 638 (1992)

TOWN OF CHARLOTTE v. J. Michael RICHMOND, James Barton and Maurice Lapierre.

Supreme Court of Vermont.

A Motion to Clarify Mandate Denied April 23, 1992.

Attorney(s) appearing for the Case

Steven F. Stitzel of Stitzel & Page, P.C., Burlington, for plaintiff-appellee.

Robert B. Hemley of Gravel and Shea, Burlington, for defendants-appellants.

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

ALLEN, Chief Justice.

Defendants appeal from an amended order of the superior court limiting the volume of their used car sales to fifty-two cars per year. The Town of Charlotte cross-appeals, arguing that the court lacked jurisdiction to entertain defendants' affirmative defense of nonconforming use. We agree with the town and therefore vacate the court's amended order. We remand for an order enforcing the town's determination...

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