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MARSH INTER VIVOS TRUST v. MCGILLVRAY

No. 12-060.

67 A.3d 943 (2013)

2013 VT 6

BLANCHE S. MARSH INTER VIVOS TRUST, Blanche S. Marsh Trustee v. Burton and Margaret MCGILLVRAY, William and Lisa Pezzoni, Louis and Rosemarie Scibetta, Peter Steffens and Suzanne Kelliher.

Supreme Court of Vermont.

March 1, 2013.

Attorney(s) appearing for the Case

Matthew T. Birmingham, III of Birmingham & Moore, P.C., Ludlow, for Plaintiff-Appellant.

Thomas Hayes and Susan J. Manley of Hayes & Windish, Woodstock, for Defendants-Appellees.

Robert S. DiPalma and Kristina M. Roomet of Paul Frank + Collins P.C., Burlington, for Amicus Curiae Quechee Lakes Landowners' Association, Inc.

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

ROBINSON, J.

¶ 1. This case involves the interplay between rulings and requirements relating to zoning in connection with a planned development and enforcement of restrictive covenants and deed restrictions applicable to property within the development. Plaintiff obtained municipal zoning approval to reconfigure the lot lines in her two-lot farmstead parcel within the Quechee Lakes subdivision, as well as to construct a dwelling on the second, yet-to-be-developed...

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