In re Appeal of Herrick

The City of Montpelier appeals from a judgment of the Environmental Court in favor of Janet Herrick in her appeal from the City’s denial of a home occupation permit for the family day care business she operates in her home. The City contends the court erred in concluding that: (1) the day care use was reviewable as a home occupation under state law and the City’s zoning ordinance; (2) the day care use met state and local home-occupation standards; and (3) the City’s finding of a zoning violation was without merit. We affirm.

Since 1984, Herrick has operated a registered family day care…