Garzo v. Stowe Board of Adjustment

Plaintiff, Kenneth Garzo, brought suit for an order in the nature of mandamus to compel defendants Stowe Board of Adjustment and Lee Darrow, the board’s administrative officer, to enforce a zoning bylaw against defendant R. Edwin Jacobsen. The complaint alleged that the board granted defendant Jacobsen a conditional use permit to operate a budget family restaurant within the town of Stowe. The condition, imposed pursuant to a zoning bylaw, required all food and beverages to be served to customers seated at tables or counters either inside or outside the restaurant building. The complaint…