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WILCOX v. VILLAGE OF MANCHESTER

No. 91-466.

616 A.2d 1137 (1992)

Allen WILCOX v. VILLAGE OF MANCHESTER ZONING BOARD OF ADJUSTMENT.

Supreme Court of Vermont.

September 4, 1992.

Attorney(s) appearing for the Case

Rodney E. McPhee of Abell, Kenlan, Schwiebert & Hall, P.C., Rutland, for plaintiff-appellant.

W. Michael Nawrath of Whalen & Nawrath, Manchester Center, for defendant-appellee.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

JOHNSON, Justice.

Plaintiff appeals from a superior court decision upholding the ruling of the Village of Manchester Zoning Board, which prohibited the subdivision of his property because it would leave an undersized lot, in violation of the Village's minimum-lot-size ordinance. We agree with plaintiff that summary judgment should not have been granted because issues of fact remain as to whether he qualifies for an exception...

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