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IN RE MISEROCCHI

No. 99-166.

749 A.2d 607 (2000)

In re Appeal of Jeff and Ann MISEROCCHI.

Supreme Court of Vermont.

January 28, 2000.

Attorney(s) appearing for the Case

Paul Gillies of Tarrant, Marks & Gillies, Montpelier, for Appellants.

John D. Hansen, Rutland, for Appellee.

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

SKOGLUND, J.

Applicants appeal from decisions of the environmental court that (1) denied on summary judgment their request for a variance, and (2) denied after trial approval for a change in use from agricultural to residential. We conclude that applicants do not need either change-of-use approval or a variance to change the use of their nonconforming structure from one permitted use to another permitted use. Thus, we reverse the decisions of the environmental court...

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