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WESCO, INC. v. CITY OF MONTPELIER

Nos. 98-454, 98-455.

739 A.2d 1241 (1999)

WESCO, INC. v. CITY OF MONTPELIER, et al. Timberlake Associates v. City of Montpelier, et al.

Supreme Court of Vermont.

September 3, 1999.

Attorney(s) appearing for the Case

Mark G. Hall of Paul, Frank & Collins, Inc., Burlington, for Plaintiffs-Appellants.

Steven F. Stitzel of Stitzel, Page & Fletcher, P.C., Burlington, for Defendant-Appellee City of Montpelier.

Michael Marks of Tarrant, Marks & Gillies, Montpelier, for Defendants-Appellees George and Russell.

William H. Sorrell, Attorney General, and William H. Rice, Assistant Attorney General, Montpelier, for Defendant-Appellee State of Vermont.

Present: MORSE, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.) and MALONEY, Superior Judge (Ret.), Specially Assigned.

MORSE, J.

This consolidated appeal involves two properties, one owned by Timberlake Associates and the other by Wesco, Inc. (referred to jointly as "Wesco"), located on State Street in Montpelier. The Environmental Court granted summary judgment in favor of the City of Montpelier determining that conditional use permits were necessary for both properties. Wesco contends that the court erred in its determination because (1) the zoning board of

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