Legal Opinion

Fisher v. Town of Marlboro

Supreme Court of Vermont

Decided October 2, 1973No. 167-72PublishedCited by 11 opinions

1Opinion of the CourtBarney, J.

The plaintiff in this case sought declaratory relief in connection with the zoning requirements of the Town of Marlboro. The lower court granted the hearing, made findings of fact, and issued a judgment order denying relief. We must affirm the result.

The proceedings below dealt with the substantive questions raised in the petition. The plaintiff based his application for declaratory relief on the doctrines expressed in Flanders Lumber Supply v. Town of Milton, 128 Vt. 38, 44, 258 A.2d 804 (1969). That opinion stated that judicial economy can justify the resort to declaratory judgment…

2Cases cited3 opinions

  1. In Re Appeal of RhodesSupreme Court of Vermont · 1973
  2. Flanders Lumber & Building Supply Co. v. Town of MiltonSupreme Court of Vermont · 1969
  3. Murray v. Cartmell'sSupreme Court of Vermont · 1954

3Cited by11 opinions

  1. Town of Bennington v. Hanson-Walbridge Funeral Home, Inc.Supreme Court of Vermont · 1981
  2. Garzo v. Stowe Board of AdjustmentSupreme Court of Vermont · 1984
  3. Preseault v. WheelSupreme Court of Vermont · 1974
  4. Vermont Division of State Buildings v. Town of Castleton Board of AdjustmentSupreme Court of Vermont · 1980
  5. Fisher v. Town of MarlboroSupreme Court of Vermont · 1974

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