In re Appeals of SHANTEE POINT, INC.

David A Barra

Case Conclusion Date:October 4, 2002

Practice Area:Land Use / Zoning

Outcome:permit decision upheld

Description:This case centered on a road, known as Shantee Point Road, located on a peninsula on Lake Champlain in the Town of St. Albans. The road was relocated in part by appellant, Shantee Point Estates, Inc. (SPE). The town zoning board, affirmed by the environmental court, ruled that the relocation required a subdivision permit. SPE appealed that decision, arguing that it was based on an invalid subdivision ordinance, was erroneous even if the ordinance were valid, and resulted from an improper intervention by appellee, Stephen Dana (Dana). Dana also sued in superior court, and that court, with the environmental judge sitting by designation, ruled that SPE had the power to relocate the road. Dana appealed from that decision, arguing that SPE could not relocate the road without his consent and that the relocated road was not of the same width and quality as the prior one. SPE responded that Dana failed to properly and timely appeal the superior court decision. The Vermont Supreme Court concluded that it had jurisdiction over the superior court appeal and affirmed it and the decision of the environmental court.