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IN RE PERMIT

No. 11-290.

49 A.3d 158 (2012)

2012 VT 42

In re Musty PERMIT (Frederick P. Tiballi, Appellant).

Supreme Court of Vermont.

June 8, 2012.

Attorney(s) appearing for the Case

Mark L. Sperry of Langrock Sperry & Wool, LLP, Burlington, for Appellant.

Liam L. Murphy and Damien J. Leonard of Murphy Sullivan Kronk , Burlington, for Appellee.

Kimberlee J. Sturtevant of McNeil, Leddy & Sheahan, P.C., Burlington, for City of Burlington.

Present: REIBER, C.J., SKOGLUND and BURGESS, JJ., and DAVENPORT and ZONAY, Supr. JJ., Specially Assigned.

SKOGLUND, J.

¶ 1. Appellee Sherrill N. Musty* applied to the Burlington Development Review Board (DRB) in 2008 for approval to subdivide a 14,947-square-foot property. She sought to create one 8927-square-foot lot containing her existing house (the "house lot"), and a 6020-square-foot vacant lot on which she planned to build a new, smaller house (the "vacant lot"). The DRB approved the subdivision application on December 17, 2008...

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