Legal Opinion

In re Bove Demolition/Construction Application (Richard J. Bove, Sr. and Rick Bove, Appellants)

Supreme Court of Vermont

Decided October 9, 2015No. 2014-434Published

1Dissent 1

¶ 18.

2Dissent · RobinsonRobinson, J.

The portion of applicants’ land that is located within the residential high density (RH) zoning district is subject to all of the requirements of the RH district with respect to, among other things, building height, dimensional *461standards, and density. Yet the majority holds that the tract is subject to a more onerous setback requirement on its northern boundary than any other property in the City of Burlington located in the RH district. The rationale underlying the majority’s analysis does not support its conclusion, and its ruling undermines important zoning policies, is untethered…

3Cases cited2 opinions

  1. In Re Tyler Self-Storage Unit PermitsSupreme Court of Vermont · 2011
  2. In re Howard CEnter Renovation PermitSupreme Court of Vermont · 2014

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