Kalakowski v. Town of Clarendon

This dispute arises out of opposition to amendments to the Clarendon zoning bylaws changing the permitted uses of property in the neighborhood where plaintiffs reside.

Clarendon voters acted upon the zoning amendments three times in 1978 and 1979. The proposals were defeated at the annual town meeting on March 6, 7, 1978. Then, at a special town meeting on May 22, 23, 1978, voters approved the amendments by more than the required two-thirds vote. See 24 V.S.A. § 4404(d). Following that vote, plaintiffs instituted civil action against the town in Rutland Superior Court challenging the adoption…