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BADGER v. TOWN OF FERRISBURGH

No. 96-411.

712 A.2d 911 (1998)

Todd and Nina BADGER v. TOWN OF FERRISBURGH.

Supreme Court of Vermont.

May 8, 1998.

Attorney(s) appearing for the Case

Karl W. Neuse of Neuse, Smith, Roper & Venman, P.C., Middlebury, for Plaintiffs-Appellants.

James F. Carroll and Susan P. Ritter of Powers, English & Carroll, Ltd., Middlebury, for Defendant-Appellee.

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

DOOLEY, Justice.

Todd and Nina Badger (property owners) appeal an environmental court decision affirming the Town of Ferrisburgh's decision to deny them a zoning permit for a three-unit dwelling. The issue on appeal is whether § 512 of the Town's zoning ordinance governing discontinuances of preexisting nonconforming uses requires, as a prerequisite to discontinuance, an intent to abandon. We hold that intent to abandon...

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