Legal Opinion
Smith v. Winhall Planning Commission
Supreme Court of Vermont
Decided September 1, 1981No. 362-80PublishedCited by 62 opinions
1Opinion of the CourtLarrow, J.
Herbert O. Smith, as owner of the property involved, applied to the Winhall Planning Commission for approval of a proposed subdivision adjacent to Gale Meadows Lake. The application was denied for claimed noncompliance with existing zoning regulations. Smith appealed to the Bennington Superior Court, which reversed the decision of the Planning Commission. A resulting notice of appeal to this Court was filed by the Planning Commission.
An initial question presents itself, although not raised by the parties. It is at best doubtful that the Planning Commission, as such, has standing to appeal a…
2Cases cited8 opinions
- Kalakowski v. John A. Russell Corp.Supreme Court of Vermont · 1979
- Thompson v. SmithSupreme Court of Vermont · 1957
- Ben Lomond, Inc. v. City of Idaho FallsIdaho Supreme Court · 1968
- Dewitt v. Town of Brattleboro Zoning Board of AdjustmentSupreme Court of Vermont · 1970
- Western Land Equities, Inc. v. City of LoganUtah Supreme Court · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- In Re HandySupreme Court of Vermont · 2000
- In Re John A. Russell Corp.Supreme Court of Vermont · 2003
- In Re DuncanSupreme Court of Vermont · 1990
- In Re Sisters & Bros. Investment Group, LLPSupreme Court of Vermont · 2009
- In Re MolganoSupreme Court of Vermont · 1994
57 more not listed; retrieve them via the Exa API.