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In re Appeal of Todd and Terry ASHLINE.

Case Conclusion Date: 03.28.2003

Practice Area: Land Use & Zoning

Outcome: notice of violation upheld

Description: In this zoning dispute, appellant-landowners Todd and Terry Ashline ("Landowners") appealed from an order of the environmental court denying Landowners' motion for summary judgment and granting summary judgment in favor of appellee, Town of St. Albans ("Town"). Landowners appealed to the environmental court from a decision of the Town's development review board upholding a notice of violation issued after the denial of Landowners' application for conditional use approval by the Town's zoning board of adjustment ("ZBA" or "Board"). Landowners contended that the environmental court improperly applied the exclusive remedy provisions of 24 V.S.A. § 4472 to dismiss Landowners' questions submitted on appeal, arguing that the ZBA's failure to comply with 24 V.S.A. § 4462(a) resulted in a nondecision from which they could not appeal. Landowners further contended that the Board's failure to issue a decision resulted in deemed approval of the Landowners' application for conditional use approval pursuant to 24 V.S.A. § 4470(a). The Vermont Supreme Court affirmed on appeal.

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