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APPEAL OF NEWTON ENTERPRISES

No. 97-105.

708 A.2d 914 (1998)

In re Appeal of NEWTON ENTERPRISES.

Supreme Court of Vermont.

Motion for Reargument Denied February 12, 1998.

Attorney(s) appearing for the Case

Andrea L. Gallitano of Otterman and Allen, P.C., Barre, for Appellant.

Richard A. Cawley, Bradford, for Appellee.

Before AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

DOOLEY, Justice.

The Town of Fairlee appeals from a decision of the environmental court that (1) appellee Newton Enterprises, Inc. received a zoning permit by operation of law because a majority of the zoning board of adjustment failed to act on its request to change its nonconforming use and (2) the Town is not entitled to an injunction against appellee's multiple uses. We agree that the permit was not granted by operation of law and remand for consideration of the...

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