Legal Opinion
Application of McDonald's Corp.
Supreme Court of Vermont
Decided March 3, 1989No. 87-439PublishedCited by 18 opinions
1Opinion of the CourtDooley, J.
McDonald’s Corporation appeals from the decision of the Rutland Superior Court denying it a zoning variance made pursuant to 24 V.S.A. § 4468(a). McDonald’s argues that the trial court misapplied the “five criteria” of the zoning variance statute. We disagree and affirm.
The facts are as follows. Gerald and Patricia McCue own a lot that is irregularly shaped along Woodstock Avenue in Rutland. For purposes of this litigation it is helpful to view the lot as two parcels. One fronts on Woodstock Avenue for 125 feet with a depth of 150 feet and is essentially a rectangle. The second parcel is…
2Cases cited10 opinions
- Lubinsky v. Fair Haven Zoning BoardSupreme Court of Vermont · 1986
- Dewitt v. Town of Brattleboro Zoning Board of AdjustmentSupreme Court of Vermont · 1970
- City of Rutland v. McDonald's Corp.Supreme Court of Vermont · 1985
- Gadhue v. MarcotteSupreme Court of Vermont · 1982
- W. R. Sorg & North Hero House, Inc. v. North Hero Zoning Board of AdjustmentSupreme Court of Vermont · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re Application of CarrierSupreme Court of Vermont · 1990
- Application of WhiteSupreme Court of Vermont · 1990
- In re Confluence Behavioral Health, LLC Conditional Use to Operate a Therapeutic Community Residence Program (Jason Albert, Appellants)Supreme Court of Vermont · 2017
- Drumheller v. Shelburne Zoning Board of AdjustmentSupreme Court of Vermont · 1990
- Richardson v. City of RutlandSupreme Court of Vermont · 1995
13 more not listed; retrieve them via the Exa API.