Justia Zoning, Planning & Land Use Opinion Summaries

In 1990, the City of Burlington obtained a land-use permit for the Waterfront Park (the Park). The City hosted a number of events at the Park in the summer of 1993 and may have hosted others prior to that time. In December 1993, the City applied for an amendment to its permit to allow for hosting of festivals and public events at the Park. During the amendment process, the City argued against any express permit condition regarding the timing, duration, and frequency of events and sound levels, taking the position that the City Parks and Recreation Commission should regulate these matters. In February 1994, after considering the impact on neighboring residents caused by noise and traffic from events, the district commission granted the amendment and imposed twenty-six conditions, some of which related to the maximum sound levels associated with events at the Park, when and where to measure those sound levels, and the timing and number of events that could be held at the Park. In August 2008, Allison Lockwood purchased her property located at 200 Lake Street, adjacent to the Park. Prior to purchasing the property, she researched and read the 1994 Permit, and specifically relied on the permit conditions governing the timing and frequency of events at the Park and the maximum allowed sound levels. At the time of her purchase, the neighbor was aware that festivals and events would take place at the Park, but she understood these events would be limited by the conditions in the permit. Neighbor was nevertheless significantly impacted by the events and festivals, experiencing loud noise for extended periods of time, significant vehicular and pedestrian traffic congestion, and limits on her ability to sleep, spend time outdoors, open her windows, and enjoy her property. This case began in November of 2012 when the City filed an application with the district environmental commission to amend a number of conditions in the 1994 permit. Lockwood appealed the amended land-use permit to the Environmental Division, then appealed when the Environmental Division awarded summary judgment to the City of Burlington. The Environmental Division ruled that the City is entitled to seek an amendment to its Act 250 permit covering the Waterfront Park located on the shores of Lake Champlain. Finding no reversible error, the Supreme Court affirmed. View "In re Waterfront Park Act 250 Amendment (Alison Lockwood, Appellant)" on Justia Law

Applicants Allen Brisson, Michael Brisson, and Brisson Stone, LLC, claimed that their application for a commercial gravel extraction permit was allowed under the Town of Monkton’s zoning regulations. The Supreme Court affirmed the Environmental Division’s denial of the application on the merits and held that, even if the application was deemed approved, the deemed approval remedy would not have stopped an interested party’s timely appeal to the Environmental Division on the permit’s merits. View "Brisson Stone LLC v. Town of Monkton" on Justia Law

At issue in this dispute between the Treetop at Stratton Condominium Association, Inc. and the Stratton Corporation, Treetop Development Company, LLC, Treetop Three Development Company, LLC, and Intrawest Stratton Development Corporation (collectively, Stratton) was an improperly constructed stormwater management system. The Association appealed District 2 Environmental Commission’s refusal to impose additional conditions on Stratton’s Act 250 permit, which the Environmental Division of the Superior Court determined to be invalid and unenforceable. Finding no reversible error after review of the arguments presented on appeal, the Supreme Court affirmed the Superior Court. View "In re Treetop Development Company Act 250 Development" on Justia Law

The Willowell Foundation received a conditional-use permit to build a community center and related improvements on a large plot of land in the Town of Monkton. Neighbors challenged the permit, arguing the project violated a subdivision condition mandating agricultural use, claimed additional failings of Willowell’s application, and contended the Superior Court, Environmental Division, erred in several ways in upholding the permit approval. Finding no reversible error, the Supreme Court affirmed. View "In re Willowell Foundation Conditional Use Certificate of Occupancy" on Justia Law

The Town of Underhill appealed a trial court order that affirmed a decision of the County Road Commissioners requiring the Town to maintain a segment of Town Highway 26 (TH 26), a Class 4 highway. TH 26 has existed, in some form, for nearly 150 years. In 2001, the Town sought to reclassify a segment of TH 26 between Irish Settlement Road and Pleasant Valley Road as a legal trail, and the remainder of the roadway as a Class 4 highway. Following protracted litigation, these changes became effective in June 2010, and TH 26 became part of the Town’s six miles of Class 4 highways. Prior to the reclassification of TH 26, the Town performed periodic maintenance and repair work to both the roadway and the twenty-two culverts that were installed along and under TH 26 over the past thirty years. Although the ditches along TH 26 do not appear to have been maintained since 2010, the Town has continued to do some work, primarily the addition of base material to the roadway. Appellees David Demarest, Jeffrey Moulton, and Jonathan Fuller owned property on TH 26 in the Town of Underhill. Appellees Fuller and Demarest resided at their properties full time, while two additional residents along the road were part-time residents. In 2012, appellees filed a notice of insufficiency pursuant to 19 V.S.A. 971 requesting maintenance of TH 26, which had been largely deferred following the roadway reclassification. The Town denied appellees’ allegations, asserting that TH 26 was being maintained to the extent required by the necessity of the Town, the public good, and the convenience of the inhabitants of the Town. Appellees then brought an action for the appointment of County Road Commissioners pursuant to 19 V.S.A. 971 et seq. to compel the Town to undertake repairs of TH 26. Specifically, appellees sought repairs and maintenance to drainage, culverts, and the road surface, so as to make it reasonably safe and accessible for appellees’ use as residents of the Town. The Town contended on appeal that the trial court misconstrued and incorrectly applied the statutory provisions for the maintenance of Class 4 roads and erroneously established its own maintenance standard. After review, the Supreme Court agreed with the Town and reversed. View "Demarest v. Town of Underhill" on Justia Law

The issue before the court in this case arose from a proposed housing development in West Woodstock. In a prior case involving this development, the Supreme Court affirmed permits for the project granted by the town development review board and the district environmental commission and affirmed by the environmental division of the superior court. In this appeal, brought by the owners of abutting properties to the land in question, more narrow questions related to easements and other property rights were brought before the court. After review of the trial court record and the arguments presented by the parties, the Supreme Court affirmed in part and reversed in part. View "Roy v. Woodstock Community Trust, Inc." on Justia Law

Petitioners appealed a 2012 trial court order that upheld the Town of Underhill's decision to reclassify a segment of Town Highway 26 from a Class 3 and Class 4 highway to a legal trail. Petitioners argued that: (1) the trial court should have appointed commissioners to make a report concerning the reclassification decision pursuant to 19 V.S.A. sections 740-743 rather than reviewing the reclassification decision on the record pursuant to Vermont Rule of Civil Procedure 75; (2) the court erred in declining to stay the appeal pending resolution of a related action concerning maintenance of the segment; and (3) the evidence did not support the Town's reclassification ruling. Finding no error, the Supreme Court affirmed. View "Demarest v. Town of Underhill" on Justia Law

The issue on appeal to the Supreme Court centered on the question of how non-rental residential properties subject to housing-subsidy covenants should be valued for property-tax purposes. Taxpayers in two cases consolidated for the purposes of this opinion contended that the governing statute mandates an automatic reduction in valuation for properties subject to these covenants or, (what is effectively) equivalent, a mandatory tax exemption on a portion of the property's value. The towns in which these properties are located contended instead that the applicable statute requires that municipal listers give individualized consideration to the effect these covenants may have on the fair market value of a given property when they determine the appropriate assessed value for the allocation of property taxes. The Vermont League of Cities and Towns and the Vermont Assessors and Listers Association joined the towns as amici curiae. The Supreme Court agreed with the towns that the existence of a housing-subsidy covenant was but one of many factors listers and assessors must take under advisement in ascertaining a property's fair market value.  View "Franks v. Town of Essex" on Justia Law

Appellees' (two brothers and a sister) family owned and operated a farm in Pomfret. In 2009, neighbors appealed to the Environmental Division from a decision by the Town’s zoning board of adjustment (ZBA) granting a construction permit for a planer building on farm property. They also appealed a ZBA denial of their request to enforce what they considered to be zoning violations concerning the building of a sawmill and kiln buildings on farm property. The trial court issued a written ruling on the parties’ cross-motions for summary judgment, concluding that the wood-processing buildings at issue did not satisfy the criteria for a permit exemption under the Pomfret zoning ordinance, but that factual issues remained as to whether they qualified as “farm structures” exempt from local zoning regulation under state law. Accordingly, the Supreme Court found no basis to disturb the judgment the trial court's decision, and affirmed it. View "In re Moore Accessory Structure Permit and Use" on Justia Law

In consolidated cases, the common issue centered on whether Vermont laws allowed the Town of Colchester to consider certain intangible factors in assessing seasonal lakefront camps located on leased land. The Supreme Court held that the Town was not precluded from considering such factors in assessing properties. View "Lesage v. Town of Colchester" on Justia Law