Town of Shelburne v. Kaelin

This is an appeal by the Town from the trial court’s refusal to enjoin the appellee from operating an automobile service center on his property in Shelburne. Appellant’s complaint alleged that appellee’s use of his property was prohibited by the Town’s zoning ordinances. Appellee’s answer denied the allegations of the complaint; at trial, his defense was that his business operation constituted a prior nonconforming use not subject to the zoning regulations. The trial court concluded that the nonconforming use existed prior to the present Town zoning ordinance and therefore was not prohibited…