IN RE TRAHAN NOV

No. 07-359.

958 A.2d 665 (2008)

2008 VT 90

In re Appeal of TRAHAN NOV (Michael and Desiree Trahan, Appellants).

Supreme Court of Vermont.

June 20, 2008.


Attorney(s) appearing for the Case

Vincent A. Paradis and Daniel P. O'Rourke of Bergeron, Paradis & Fitzpatrick, LLP, Essex Junction, for Appellants.

Amanda S.E. Lafferty of Stitzel, Page & Fletcher P.C., Burlington, for Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1. DOOLEY, J.

This appeal is from a zoning enforcement action in which the Town of Fayston claims that landowners. Michael and Desiree Trahan, built a pond without a required permit and in violation of setback restrictions imposed in the Town zoning regulations. The Environmental Court granted summary judgment against landowners, holding that, although they had a permit for the pond by operation of law, their failure to appeal the Town zoning administrator...

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