Chioffi v. Winooski Zoning Board

Plaintiff appeals from a decision by the Chittenden Superior Court holding unconstitutional the de novo trial provision of 24 V.S.A. § 4472. We reverse.

I

The facts are not in dispute. Plaintiff sought a dimensional variance and conditional use approval prior to reconstructing a substantially fire-damaged structure in the City of Winooski. After a hearing, the Winooski Zoning Board (Board) denied plaintiff’s request because plaintiff had not shown compliance with the conditional use criteria, and because, due to the lapse of more than twelve months following the fire, reconstruction rights…