LEO'S MOTORS, INC. v. TOWN OF MANCHESTER

Nos. 91-586, 91-587.

613 A.2d 196 (1992)

LEO'S MOTORS, INC., et al. v. TOWN OF MANCHESTER. James E. HAND, et al. v. TOWN OF MANCHESTER.

Supreme Court of Vermont.

June 19, 1992.


Attorney(s) appearing for the Case

Richard H. Coutant, Salmon and Nostrand, Bellows Falls, for plaintiffs-appellees Leo's Motors and Charbonneau.

Marilyn F. Hand, Whalen and Nawrath, Manchester Center, for plaintiffs-appellees Hand.

Robert E. Woolmington, Witten, Saltonstall & Woolmington, P.C., Bennington, for defendant-appellant.

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


MORSE, Justice.

These consolidated appeals arise out of closely related facts and raise the identical legal issue under 24 V.S.A. § 4470. The Town of Manchester appeals two rulings of the Bennington Superior Court that the Manchester Zoning Board of Adjustment wrongfully denied sign ordinance variances to applicants. We are asked to decide whether a written board decision, notice of which was inadvertently delayed beyond the statute's mandated 45-day period,...

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