Town of Hinesburg v. Dunkling

Defendant/landowner Paul Dunkling appeals the Chittenden Superior Court’s grant of plaintiff/cross-appellant Town of Hinesburg’s summary judgment motion and grant of Town’s request for a mandatory injunction and fine for noncompliance with a town zoning bylaw. Landowner contends that: (1) Town’s notice that the zoning board of adjustment (ZBA) had rendered a decision was insufficient to raise the bar of 24 V.S.A. § 4472 in Town’s subsequent enforcement action, (2) because the assessed fine was punitive in nature, landowner was entitled to the same due process and constitutional safeguards as…