Badger v. Town of Ferrisburgh

Todd and Nina Badger (property owners) appeal an environmental court decision affirming the Town of Ferrisburgh’s decision to deny them a zoning permit for a three-unit dwelling. The issue on appeal is whether § 512 of the Town’s zoning ordinance governing discontinuances of preexisting nonconforming uses requires, as a prerequisite to discontinuance, an intent to abandon. We hold that intent to abandon is not required by the ordinance, and affirm the environmental court’s grant of summary judgment in favor of the Town.

The environmental court traced the history of the building at issue in…