Legal Opinion

Morrill House, LLC & Smith Variance

Vermont Superior Court

Decided September 3, 2010No. 27-2-10 VtecPublished

1Opinion of the Court

STATE OF VERMONT SUPERIOR COURT — ENVIRONMENTAL DIVISION } In re Morrill House, LLC & Smith Variance } Docket No. 27-2-10 Vtec } Decision on Cross-Motions for Summary Judgment Howard Smith and Morrill House, LLC (“Applicants”) have appealed a decision of the Town of Fair Haven Zoning Board of Adjustment (“ZBA”), which denied Applicants’ application for a variance to subdivide property located on the corner of Prospect Street and Pleasant Street in the Town of Fair Haven. The sole issue raised by the pending appeal involves the deemed approval doctrine. Applicants ask in their three-question…

2Cases cited16 opinions

  1. City of Burlington v. Fairpoint Communications, Inc.Supreme Court of Vermont · 2009
  2. Toys, Inc. v. F.M. Burlington Co.Supreme Court of Vermont · 1990
  3. In Re Appeal of Trahan NovSupreme Court of Vermont · 2008
  4. In re CarterSupreme Court of Vermont · 2004
  5. In Re Appeal of Newton EnterprisesSupreme Court of Vermont · 1998

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