Legal Opinion

Lubinsky v. Fair Haven Zoning Board

Supreme Court of Vermont

Decided February 28, 1986No. 84-343PublishedCited by 118 opinions

1Opinion of the Court

Barney, C.J. (Ret.),

Specially Assigned. The plaintiffs, Robert and Jeanette Lubinsky, own a house and lot in Fair Haven which they are seeking to convert to a two-family dwelling. An unsuccessful application to the Fair Haven Zoning Board was followed by an appeal to Rutland Superior Court for a de novo hearing in accordance with V.R.C.P. 74. The facts were stipulated and that court also determined that the requested zoning permit for remodeling was properly refused. We affirm.

The building lot involved has characteristics which make it subject to special treatment under Vermont statutes. The…

2Cases cited5 opinions

  1. State v. BaldwinSupreme Court of Vermont · 1981
  2. In Re PreseaultSupreme Court of Vermont · 1972
  3. Andrews v. LathropSupreme Court of Vermont · 1974
  4. Hambley v. Town of St. JohnsburySupreme Court of Vermont · 1972
  5. Delaware & Hudson Railway Co. v. Central Vermont Public Service Corp.Supreme Court of Vermont · 1976

3Cited by118 opinions

  1. In re S.B.L.Supreme Court of Vermont · 1988
  2. Appeal of WeeksSupreme Court of Vermont · 1998
  3. Town of Killington v. StateSupreme Court of Vermont · 2001
  4. Adoptions of B.L.V.B.Supreme Court of Vermont · 1993
  5. The Travelers Insurance Company v. Susan J. CarpenterCourt of Appeals for the Second Circuit · 2005

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