Harvey v. Town of Waitsfield

The plaintiffs were denied permission, in March, 1975, to house a small used car business in a garage on their property. Their premises are in an area zoned “Agricultural-Residential District.” The Waitsfield Zoning Administrator denied the application on the ground that a used car dealership was not a use by right in that zone. The plaintiffs then applied to the Zoning Board of Adjustment for a conditional use permit. This was denied, after public hearing, as not being either a permitted or conditional use under the criteria of the town zoning ordinance for their zoning district.

In May,…