Shortle v. Board of Zoning Adjustment

The Rutland City Zoning Administrative Officer denied defendant below a zoning permit to operate a restaurant. It appealed to the Zoning Board of Adjustment, which ruled the proposed use a permitted one. Plaintiffs sought to reverse this decision by bringing a declaratory judgment action to the Rutland Superior Court. Upon motion, that court dismissed the action upon the authority of Fisher v. Town of Marlboro, 131 Vt. 534, 310 A.2d 119 (1973), holding that 24 V.S.A. § 4471, an appeal, afforded plaintiffs their exclusive remedy for contesting the decision of a board of adjustment. We concur…