Town of Sherburne v. Carpenter

This is an appeal by plaintiff, Town of Sherburne, from an order by the Rutland Superior Court refusing to grant an injunction against defendant Gary Carpenter and capping the amount defendant must pay the Town as a fine. The injunction sought would have required defendant to remove a part of a structure that was found to violate set-back requirements of the Sherburne zoning ordinance. We reverse and remand.

Defendant owned a building on Route 4 in Sherburne and used it to operate his plumbing business. The zoning ordinance required structures in defendant’s zone to be set back one hundred…