Hinsdale v. Village of Essex Junction

Plaintiff, Clark Hinsdale, Jr., is the owner of a building which is located in the Village of Essex Junction, the defendant in this action. He was denied a zoning permit and appealed to the zoning board of adjustment, which also denied the permit. Although it notified plaintiff of its decision at the close of the hearing, the board did not send him a written copy of the decision within the forty-five-day time limit required by statute. When plaintiff treated the tardy action as approval and went forward with the requested use, defendant threatened criminal prosecution. This led to the present…