Town of Bennington v. Hanson-Walbridge Funeral Home, Inc.

Plaintiff Town of Bennington sought injunctive and declaratory relief against defendant HansonWalbridge Funeral Home, Inc. It claimed that operation of a crematory for human bodies on funeral home premises, in an area zoned office-residential, was a violation of the local zoning ordinance, as an unauthorized extension of a pre-existing nonconforming use. The defendant relied upon a ruling by the town zoning administrator that no zoning permit was required, and the issuance of a building permit. Somewhat unique on its facts, the case is even more unique because of the procedural tactics of the…