In re Appeal of Miserocchi
Vermont Supreme Court
749 A.2d 607 (2000)
- Written by Sean Carroll, JD
Facts
The Miserocchis (plaintiffs) bought land with a barn that was set back 10 to 20 feet from the road. The barn had been used for agricultural purposes. A town ordinance enacted after the construction of the barn required a setback of at least 40 feet. Under the zoning ordinance, both residential and agricultural uses were permitted. The Miserocchis sought to modify the interior of the barn to enable residential uses. The Miserocchis applied to the town’s zoning board of adjustment for a change-of-use permit and a variance. The board denied the requests. The Miserocchis appealed to the environmental court. The environmental court ruled against the Miserocchis because the applied-for use would “increase the intensity of the use of the noncomplying part of the structure.” The Miserocchis appealed.
Rule of Law
Issue
Holding and Reasoning (Skoglund, J.)
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