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RICHARDSON v. CITY OF RUTLAND

No. 95-094.

671 A.2d 1245 (1995)

Earl W. and Pauline L. RICHARDSON v. CITY OF RUTLAND, McDonald's Corp. and John Kollmer.

Supreme Court of Vermont.

Motion for Reargument Denied December 11, 1995.

Attorney(s) appearing for the Case

William E. Roper of Neuse, Smith, Roper & Venman, P.C., Middlebury, for plaintiffs-appellants.

Henry C. Brislin, Assistant City Attorney, Rutland, for defendants-appellees City of Rutland and Kollmer.

Allan R. Keyes of Ryan Smith & Carbine, Ltd., Rutland, for defendant-appellee McDonald's Corp.

Before ALLEN, C.J., GIBSON, DOOLEY and JOHNSON, JJ., and MALONEY, Superior Judge, Specially Assigned.

DOOLEY, Justice.

Plaintiffs Earl and Pauline Richardson appeal the Rutland Superior Court's dismissal of their mandamus action against the City of Rutland and its zoning administrator, and further appeal the terms of an injunction granted against McDonald's Corporation. The dispute centers around a McDonald's Restaurant parking lot, part of which is located in a residential zone, and the denial of a variance for the lot construction in the residential zone. Plaintiffs...

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