Kalakowski v. John A. Russell Corp., 401 A.2d 906 (Vt. 1979). · Go Syfert
Kalakowski v. John A. Russell Corp., 401 A.2d 906 (Vt. 1979). Cases Citing This Book View Copy Cite
142 citation events (93 in the last 25 years) across 3 distinct courts.
Strongest positive: Benson Road Site Plan & Condition Use - Decision on Motion (vtsuperct, 2021-12-02)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Benson Road Site Plan & Condition Use - Decision on Motion (3×) also: Cited as authority (quoted), Cited as authority (rule)
Vt. Super. Ct. · 2021 · signal: see · quote attribution · 2 verbatim quotes · confidence high
when words of a statute bearing a specific description are followed by words of more general import, the sense of the adjective first used is applied to the words that follow.
discussed Cited as authority (verbatim quote) Fennessey's 20 West Main Street LLC
Vt. Super. Ct. · 2011 · quote attribution · 1 verbatim quote · confidence high
where the meaning is plain, courts have a duty to enforce the enactment according to its obvious terms
examined Cited as authority (verbatim quote) In Re Hartland Group North Avenue Permit (2×) also: Cited as authority (quoted)
Vt. · 2008 · signal: see · quote attribution · 2 verbatim quotes · confidence high
although the plan may recommend many desirable approaches to municipal development, only those provisions incorporated in the bylaws are legally enforceable.
discussed Cited as authority (rule) Down River Investments, LLC CU - Decision on Motion
Vt. Super. Ct. · 2021 · confidence medium
Generally, municipal bylaw statements of purpose have “no direct regulatory effect.” In re Meaker, 156 Vt. 182, 185 (1991) (citing Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 (1979) (holding that a town plan was “advisory”)).
discussed Cited as authority (rule) In re Confluence Behavioral Health, LLC Conditional Use to Operate a Therapeutic Community Residence Program (Jason Albert, Appellants)
Vt. · 2017 · confidence medium
Although the plan may recommend many desirable approaches to municipal development, only those provisions incorporated in the bylaws are legally enforceable. *879 Kalakowski , 137 Vt. at 225 -26 , 401 A.2d at 910 (citations omitted).
cited Cited as authority (rule) Devonwood Investors, LLC 75 Cherry Street
Vt. Super. Ct. · 2017 · confidence medium
Feb. 11, 2016) (quoting Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 (1979)).
discussed Cited as authority (rule) Mad River Barn CU
Vt. Super. Ct. · 2017 · confidence medium
Id. (citing Kalakowski v. John A. Russell Corp., 137 Vt. 219, 222 (1979)). 1 Appellants are Edward Sheehan, Noel Carnevale, Elizabeth Stratton Pratt Trust, Mad River Corporation, Charlie Gibbons, Jane Gibbons, Danielle Riggins, and Gary Wulfson.
discussed Cited as authority (rule) Wagner Guay Permit
Vt. Super. Ct. · 2015 · confidence medium
Although the Bylaws should reflect the Town Plan, they are not controlled by it and “only those provisions incorporated into the Bylaws are legally enforceable.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 (1979).
cited Cited as authority (rule) In re Application of Lathrop Limited Partnership I, II and III
Vt. · 2015 · confidence medium
Kalakowski v. John Russell Corp. , 137 Vt. 219, 225-26 , 401 A.2d 906, 910 (1979).
cited Cited as authority (rule) In re Lathrop Ltd. Partnership I
Vt. · 2015 · confidence medium
Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225-26 , 401 A.2d 906, 910 (1979).
cited Cited as authority (rule) In re Application of Lathrop Limited Partnership I, II and III
Vt. · 2015 · confidence medium
Kalakowski v. John Russell Corp. , 137 Vt. 219, 225-26 , 401 A.2d 906, 910 (1979).
cited Cited as authority (rule) In re Carrigan Conditional Use and Certificate of Compliance, Certificate of Occupancy, Certificate of Compliance
Vt. · 2014 · confidence medium
Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 , 401 A.2d 906, 910 (1979).
discussed Cited as authority (rule) Equinox Sq. Assoc. Change of Use
Vt. Super. Ct. · 2014 · confidence medium
Our Supreme Court has acknowledged that since our Legislature has elected to statutorily restrict the types of parties who may appeal a land use determination, the courts must strictly construe those standing requirements, even when such a reading will foreclose an 1 Prior to the Permit Reform Act of 2004, the statutory codification governing appeals to the Environmental Court was found in 24 V.S.A. § 4464. 3 appeal by a party who has “closely related interests [that] fall[] outside the definitive statutory language . . . .” In re Gulli, 174 Vt. 580 , 582 at n.* (citing Kalakowski v. John…
discussed Cited as authority (rule) Edgar NOV
Vt. Super. Ct. · 2012 · confidence medium
Vermont applies the canon of statutory construction called ejusdem generis, which dictates that when words “bearing a specific description are followed by words of more general import, the sense of the adjective first used is applied to the 5 words that follow.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 224 (1979).
examined Cited as authority (rule) Fowler NOV (3×) also: Cited "see"
Vt. Super. Ct. · 2012 · confidence medium
See Brandon Plaza Conditional Use Application, No. 128-8-10 Vtec, slip op. at 6–7; Kalakowski, 137 Vt. at 222 (1979). 7 As stated above, Appellant questions the adequacy of the petition.
discussed Cited as authority (rule) In Re Tyler Self-Storage Unit Permits (2×)
Vt. · 2011 · confidence medium
The canon of statutory construction of ejusdem generis dictates that, when words “bearing a specific description are followed by words of more general import, the sense of the adjective first used is applied to the words that follow.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 224 , 401 A.2d 906, 909 (1979).
discussed Cited as authority (rule) Bowen Conditional Use Application
Vt. Super. Ct. · 2010 · confidence medium
When construing non-exclusive statutory lists in which a number of specific terms are used followed by a general term, the general term is interpreted to “include only those things similar in character to those specifically defined.” See Vermont Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 (1992) (quoting Kalakowski v. John A. Russell Corp., 137 Vt. 219, 224 (1979)).2 2 This Court applied this reasoning to the Town of Addison’s zoning ordinance to determine that the (outdoor) recreation use category in that ordinance did not include an airplane landing strip for use by sev…
discussed Cited as authority (rule) Tyler Self-Storage Units Permit (2×) also: Cited "see, e.g."
Vt. Super. Ct. · 2010 · confidence medium
The latter words are held to include only those things similar in character to those specifically defined.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 224 (1979); In re Wal-Mart Stores, Inc., 167 Vt. 75, 84 (1997) (“[G]eneral terms that follow specific terms are limited or restricted to those earlier specified, and will not include any classes greater than those to which the particular words 4 belong.”).
cited Cited as authority (rule) In Re Paynter 2-Lot Subdivision
Vt. · 2010 · confidence medium
A town plan is an overall guide for a municipality’s development that is “[o]ften stated in broad, general terms.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 , 401 A.2d 906, 910 (1979).
discussed Cited as authority (rule) White Major Subdivision Application
Vt. Super. Ct. · 2009 · confidence medium
The language of § 1.2(A)(1) is not specific enough to create a regulatory requirement; rather, it is “’aspirational,’ and ‘abstract and advisory.’” In re Appeal of Shaw, 2008 VT 29, ¶ 18 , 183 Vt. 587 (mem.) (citation omitted) (quoting In re Appeal of Wesco, Inc., 2006 VT 52, ¶ 33 , 180 Vt. 520 (mem.); Kalakowski v. John A. Russell Corp., 137 Vt. 219, 223 (1979)); accord In re Appeal of JAM Golf, LLC, 2008 VT 110 , ¶¶ 16–17.
cited Cited as authority (rule) In Re Appeal of Shaw
Vt. · 2008 · confidence medium
They are, rather, “aspirational,” id., and “abstract and advisory.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 223 , 401 A.2d 906, 909 (1979). ¶ 19.
cited Cited as authority (rule) Miller Conditional Use Application (After Remand)
Vt. Super. Ct. · 2007 · confidence medium
Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225-26 (1979).
discussed Cited as authority (rule) Blakeman Site Plan
Vt. Super. Ct. · 2007 · confidence medium
In general, “[a]lthough the plan may recommend many desirable approaches to municipal development, only those provisions incorporated in the bylaws are legally enforceable.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225-26 (1979).
cited Cited as authority (rule) Beebe 9-Lot Subdivision
Vt. Super. Ct. · 2007 · confidence medium
It is well established that a “purpose statement . . . has no direct regulatory effect.” In re Meaker, 156 Vt. 182, 185 (1991) (citing Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 (1979)).
cited Cited as authority (rule) South Village Communities, LLC
Vt. Super. Ct. · 2006 · confidence medium
Kalakowski v. John A. Russell Corp., 137 Vt. 219, 223 (1979).
discussed Cited as authority (rule) In re Appeal of Wesco, Inc. (2×)
Vt. · 2006 · confidence medium
While zoning ordinances have “the force and effect of a legislative enactment,” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 223 , 401 A.2d 906, 909 (1979), the municipal plans do not.
discussed Cited as authority (rule) Randolph Town Officce Decision/Zoning Application
Vt. Super. Ct. · 2006 · confidence medium
As our Supreme Court has stated, “Although the plan may recommend many desirable approaches to municipal development, only those provisions incorporated in the bylaws are legally enforceable.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225-26 (1979).
cited Cited as authority (rule) Appeal of Albert
Vt. Super. Ct. · 2005 · confidence medium
Ct., February 26, 2002), slip op. at 6-7 (citing Kalakowski v. John A. Russell Corporation, 137 Vt. 219, 225-26 (1979)).
cited Cited as authority (rule) Appeals of Perrine (Decision and Order on Cross-Motions for Summary Judgment)
Vt. Super. Ct. · 2004 · confidence medium
Ct., May 30, 2000), citing Kalakowski v. John A. Russell, 137 Vt. 219, 225-26 (1979).
cited Cited as authority (rule) In Re Appeal of Gulli
Vt. · 2002 · confidence medium
Kalakowski v. John A Russell Corp., 137 Vt. 219, 222 , 401 A.2d 906, 909 (1979).
discussed Cited as authority (rule) Appeal of Agnes Mitchell Trust
Vt. Super. Ct. · 2002 · confidence medium
In the field of local zoning or subdivision regulation, A [a]lthough the plan may recommend many desirable approaches to municipal development, only those provisions incorporated in the bylaws are legally enforceable.@ Kalakowski v. John A. Russell Corporation, 137 Vt. 219, 225-26 (1979).
cited Cited as authority (rule) Appeal of Jericho Ctr. Citizens
Vt. Super. Ct. · 2000 · confidence medium
Kalakowski v. John A. Russell, 137 Vt. 219, 225-26 (1979).
cited Cited as authority (rule) Appeal of Maseroni
Vt. Super. Ct. · 2000 · confidence medium
Only those Aprovisions incorporated in the bylaws are legally enforceable.@ Kalakowski v. John A. Russell Corp. 137 Vt. 219, 226 (1979).
examined Cited as authority (rule) In Re Appeal of Lunde (3×) also: Cited "see"
Vt. · 1997 · confidence medium
"Where the meaning [of a zoning regulation] is plain, courts have the duty to enforce the enactment according to its obvious terms. . . ." Kalakowski v. John A. Russell Corp., 137 Vt. 219, 223 , 401 A.2d 906, 909 (1979).
discussed Cited as authority (rule) Stevenson v. Capital Fire Mutual Aid System, Inc.
Vt. · 1995 · confidence medium
Kalakowski v. John A Russell Corp., 137 Vt. 219, 224 , 401 A.2d 906, 909 (1979) (where general words follow class of particulars, general words should be treated as applying to specific class).
discussed Cited as authority (rule) In Re Molgano
Vt. · 1994 · confidence medium
The law specifically requires that zoning bylaws “have the purpose of implementing the [Town] plan, and shall be in accord with the policies set forth therein.” Id.) see Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 , 401 A.2d 906, 910 (1979) (zoning regulations must reflect town plan).
cited Cited as authority (rule) Houston v. Town of Waitsfield
Vt. · 1994 · confidence medium
The town plan is generally stated in “broad, general terms” and is “abstract and advisory.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 , 401 A.2d 906, 910 (1979).
discussed Cited as authority (rule) Vermont Baptist Convention v. Burlington Zoning Board
Vt. · 1992 · confidence medium
However, when construing an enactment with a series of defining terms, we will apply the rule of ejusdem generis, and the latter general terms will be construed to “include only those things similar in character to those specifically defined.” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 224 , 401 A.2d 906, 909 (1979).
cited Cited as authority (rule) Town of Sandgate v. Colehamer
Vt. · 1990 · confidence medium
It must reflect the plan, but it need not be controlled by it.” Id. at 225 , 401 A.2d at 910 (citations omitted).
cited Cited as authority (rule) Mad River Valley Enterprises, Inc. v. Town of Warren Board of Adjustment
unknown court · 1985 · confidence medium
To appeal under this section, “the appellant must be an ‘interested person,’ as defined in 24 V.S.A. § 4464(b).” Kalakowski v. John A. Russell Corp., 137 Vt. 219, 221 , 401 A.2d 906, 908 (1979).
cited Cited as authority (rule) Pope v. Town of Windsor
Vt. · 1981 · confidence medium
Kalakowski v. John A. Russell Corp., 137 Vt. 219, 226 , 401 A.2d 906, 911 (1979).
cited Cited as authority (rule) Smith v. Winhall Planning Commission
Vt. · 1981 · confidence medium
Kalakowski v. John A. Russell Corp., 137 Vt. 219, 223 , 401 A.2d 906, 909 (1979).
cited Cited "see" Musty Permit
Vt. Super. Ct. · 2011 · signal: see · confidence high
See In re Meaker, 156 Vt. 182, 185 (1991) (a “purpose statement . . . has no direct regulatory effect.”), citing Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 (1979).
discussed Cited "see" Paynter 2-Lot Subdivision
Vt. Super. Ct. · 2009 · signal: see · confidence high
The plain meaning of these statutory provisions, as well as their interpretation as a whole, is that zoning bylaws are a regulatory tool used to implement and enforce the municipal plan, and may only be adopted if a plan is in effect. 24 V.S.A. §§ 4401, 4402(1); see Kalakowski v. John A. Russell Corp., 137 Vt. 219 , 225–26 (1979) (explaining relationship between zoning regulations and municipal plans); see also Wright v. Bradley, 2006 VT 100, ¶ 7 , 180 Vt. 383 (citing In re Estate of Cote, 2004 VT 17, ¶ 10 , 176 Vt. 293 ) (explaining that statutes should be interpreted as a whole in orde…
cited Cited "see" Kowalski Subdivision Preliminary Plat
Vt. Super. Ct. · 2008 · signal: see · confidence high
See Houston v. Town of Waitsfield, 162 Vt. 476, 480 (1994) (citing Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225-26 (1979)).
discussed Cited "see" Cetrangolo & DeFelice
Vt. Super. Ct. · 2007 · signal: see · confidence high
Flynn Estate, #4C0790-2-EB, Concl. of Law at 11 It is well-established in municipal zoning jurisprudence that the zoning “regulations control the plan.” John A. Russell Corp., 2003 VT 93 at ¶16 , 176 Vt. at 523 (quoting Smith v. Winhall Planning Comm., 140 Vt. 178, 183 (1981)); see Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 (1979). 12 This Court is directed by 10 V.S.A. §8504(m) to give prior decisions of the former Environmental Board “the same weight and consideration” as it gives its own prior decisions. 8 27, the Court is obligated by the statutory language of 10 V.S.A…
cited Cited "see" Pierce Woods PRD & Subdivision Application
Vt. Super. Ct. · 2007 · signal: see · confidence high
See In re Meaker, 156 Vt. 182, 185 (1991) (a “purpose statement . . . has no direct regulatory effect.”), citing Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 (1979).
examined Cited "see" In Re Meaker (4×)
Vt. · 1991 · signal: see · confidence high
See Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225 , 401 A.2d 906, 910 (1979) (town plan is “advisory”).
discussed Cited "see" Blundon v. Town of Stamford (2×)
Vt. · 1990 · signal: see · confidence high
See Kalakowski v. John A. Russell Corp., 137 Vt. 219, 223 , 401 A.2d 906, 909 (1979).
Retrieving the full opinion text from the archive…
John Kalakowski and Laurence Adams
v.
John A. Russell Corporation and the Board of Zoning Adjustment for the Town of Clarendon
139-78.
Supreme Court of Vermont.
Apr 18, 1979.
401 A.2d 906
Robinson E. Keyes and R. Joseph O’Rourke of Ryan Smith & Carbine, Ltd., Rutland, for Plaintiffs., John A. Faeey, III, of Crowley, Banse & Kenlan, Rutland, for John A. Russell Corporation.
Barney, Daley, Larrow, Billings, Hill.
Cited by 70 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: Supreme Court of Vermont (1) · Vermont Superior Court (1)
[*221] Daley, J.

The defendant, John A. Russell Corporation, secured a permit from the administrative officer for construction of a warehouse in the Town of Clarendon. On plaintiffs’ appeal, the board of adjustment sustained the decision of the administrator. The plaintiffs then appealed to the Rutland Superior Court. 24 V.S.A. § 4471. They also brought a separate action to enjoin construction of the building. By agreement of counsel, both causes were consolidated.

The defendant’s proposed facility would be situated on 3.12 acres in a district zoned “commercial and residential.” It would be used primarily as a wholesale warehouse and distribution center, and only incidentally for retail sales. After a hearing on the merits, the court concluded that a wholesale warehouse was not a permitted use in the district and accordingly reversed the board’s decision, quashed the permit, and enjoined further site preparation or construction. The defendant appeals from the judgment and the denial of its motion to amend the findings and judgment.

In its appeal to this Court, the defendant challenges the plaintiffs’ standing to maintain the appeal to the superior court, its exclusion of testimony by members of the planning commission, and its interpretation of Clarendon’s zoning regulations. It also contends that the court’s interpretation defeats the purposes of the Clarendon town plan. Lastly, it claims that the plaintiffs failed to make out a prima facie ease because they did not show that the plan and regulations were duly adopted by the town.

The defendant first argues that the court should have dismissed the appeal from the zoning board of adjustment because the plaintiffs failed to allege or prove standing.

Appeals to the zoning board of adjustment from a decision of an administrative officer are governed by 24 V.S.A. § 4464(a). Appeals to the superior court from the-decision of the board are controlled by 24 V.S.A. § 4471. To appeal under each section, the appellant must be an “interested person,” as defined in 24 V.S.A. § 4464(b). Section 4464(b) (3) provides, “A person owning or occupying property in the immediate neighborhood of a property which is the subject of any decision or act taken under this chapter, who alleges[*222] that the decision or act, if confirmed, will not be in accord with the policies, purposes or terms of the plan of that municipality.”

The plaintiffs’ standing to appeal was not challenged before the board of adjustment and was raised for the first time in the defendant’s request for findings of fact. The trial court found that the plaintiffs had alleged “that the building permit would not be in accord with the Clarendon Town Plan,” and it concluded that they were interested persons within the meaning of the statute.

Although the plaintiffs satisfy the property requirement of § 4464(b) (3), the defendant contends that they are not interested persons because they did not allege, or prove, that the decision, if confirmed, “will not be in accord with the policies, purposes or terms of the plan of that municipality.” Necessarily, it also argues that the court’s finding and conclusion that the plaintiffs were interested persons is not supported by the evidence. We do not agree. Our review of the record convinces us that the evidence is sufficient to support the court’s finding and conclusion. There is no question but that the plaintiffs own property in the immediate neighborhood of the proposed facility. In addition, the plaintiffs testified on a number of occasions that they objected to the permit because a wholesale warehouse did not conform to the regulations.

The defendant argues, however, that the definition of an interested person requires literal compliance, i.e., that the plaintiffs allege that the decision would not be in accord with the “policies, purposes or terms of the plan of that municipality.” (Emphasis added.) It was not sufficient, the defendant contends, that the plaintiffs allege that the decision would not be in accord with the regulations. Again, we are not persuaded. Section 4464(b) is a matter of standing only. It is designed to limit the number of appeals, not to establish a formula for pleading. Its requirements are met if the plaintiffs demonstrate that they possess the legal and economic interests defined. In support of this view, we point to § 4473 of Chapter 117 in which the Legislature stated, “It is the purpose of this chapter to provide for review of all questions arising out of or with respect to the implementation by a municipality of[*223] this chapter.” See also Glabach v. Sardelli, 132 Vt. 490, 495, 321 A.2d 1, 4 (1974).

In this case, although the plaintiffs claimed only that the decision violated the regulations, they nonetheless fell within the purview of § 4464(b) (3). Because the regulations have the purpose of implementing the plan and are to be in accord with its policies, 24 V.S.A. § 4401, a claim that the decision is inconsistent with the regulations is also, impliedly, a claim that the decision is not in accord with the plan. The plaintiffs sufficiently established standing to appeal. Under the circumstances, any question about the wording of the allegation could easily be resolved by granting the plaintiffs’ motion to amend the pleadings.

The principal issue before the court was whether a wholesale warehouse was, as the board of adjustment had previously concluded, a permitted use under § 421 of the town’s zoning regulations. The defendant avers error in the court’s conclusion that it was not.

A zoning regulation has the force and effect of a legislative enactment. Murphy Motor Sales, Inc. v. First National Bank of St. Johnsbury, 122 Vt. 121, 124, 165 A.2d 341, 343 (1960). In construing such regulation, the general rule applicable to the construction of statutes applies, Id. Where the meaning is plain, courts have the duty to enforce the enactment according to its obvious terms and there is no need for construction. In re Lampman, 135 Vt. 226, 228, 373 A.2d 547, 548 (1977). A zoning measure will be construed to give its words their ordinary meaning and significance. Glabach v. Sardelli, supra, 132 Vt. at 494, 321 A.2d at 4; City of Rutland v. Keiffer, 124 Vt. 357, 360, 205 A.2d 400, 402 (1964).

The relevant commercial uses permitted under § 421 are:

1. Retail store, stand, sales and sales rooms.
2. Retail service establishments.
9. Accessory uses customarily incidental to the permitted uses.

The defendant argues that § 421 does not, by its clearly expressed language, restrict commercial use of the land to retail[*224] sales, as the court held, and that the word “sales” in § 421(1) should be read by itself without any modifier.

The rule of ejusdem generis is frequently applied by the courts- in construing an enactment. When words of a statute bearing a specific description are followed by words of more general import, the sense of the adjective first used is applied to the words that follow. The latter words are held to include only those things similar in character to those specifically defined. Rutland Cable T.V., Inc. v. City of Rutland, 122 Vt. 1, 4, 163 A.2d 117, 119 (1960). The superior court, acting under this principle, properly concluded that the word “retail” modifies all the succeeding words in the sentence. It qualified and limited the permitted uses to a specific category. The word “sales” would be sufficient by itself and the word “retail” would be meaningless surplusage in § 421(1) if “retail” did not modify each of the succeeding four words. The defendant’s claim of error as to the court’# use of this doctrine is without merit.

The defendant next argues that the court should have allowed members of the planning commission to testify concerning their intent in enacting § 421. It contends that such evidence is permissible where the purpose of the ordinance is not manifest on its face, and that in this case § 421 is equivocal.

We cannot agree that the evidence was improperly excluded. Section 421, as construed under the principle of ejusdem generis, is not ambiguous. It plainly states that only retail stores, stands, sales, rooms and other types of sales locations are permitted in the commercial and residential district. For that reason, we need not pursue the question whether individual planning commission members should, under certain circumstances, be allowed to testify as to their understanding when they voted upon the legislation. Even assuming they had a different intent, that intent was unexpressed and may not now be permitted to overcome the clear meaning and legal effect of the regulations. It must be borne in mind that their intent was not conveyed to the inhabitants of the town, who had the right to rely in their purchase of homes, and in their affairs generally, on the measure of stabil[*225] ity afforded by the duly advertised and formally enacted zoning regulations. See Dumont Lowden, Inc. v. Hansen, 38 N.J. 49, 56, 183 A.2d 16, 20 (1962).

The defendant next argues that the court’s interpretation of § 421 is incorrect because it conflicts with the town plan. By statute, regulations “have the purpose of implementing the plan, and shall be in accord with the policies set forth therein.” 24 V.S.A. § 4401(a). One of several stated objectives of the plan is to induce “retail, wholesale and service facilities which will capitalize on the economic advantages of [the] Rutland Region.” Relying on the proposition that wholesale facilities may not be placed anywhere other than in the commercial and residential district, a point not settled below, the defendant argues that, if interpreted to exclude wholesale facilities from that district, the regulations are inconsistent with the plan because they do not fully implement its dictates. We cannot agree.

Section 421(1) as construed by the court is not inconsistent with the plan. In fact, encouragement of .retail facilities is an objective specifically stated by it. Furthermore, we do not concur with the defendant’s claim of inconsistency by omission.

Quite simply, partial implementation of a plan is not unusual. The plan is merely an overall guide to community development. Morelli v. Borough of St. Mary’s, 1 Pa. Commw. Ct. 612, 616, 275 A.2d 889, 891 (1971). It is a general guideline to the legislative body for its consideration of the municipality’s land-use program and of the community’s needs and desires. George Calantoni & Sons, Inc. v. Board of Supervisors, 6 Pa. Commw. Ct. 521, 526, 297 A.2d 164, 166-67 (1972). Often stated in broad, general terms, see 24 V.S.A. §§ 4382-4383, it is abstract and advisory. Zoning bylaws, on the other hand, are specific and regulatory. Morelli, supra, 1 Pa. Commw. Ct. at 617, 275 A.2d at 892. Zoning is properly conceived of as the partial implementation of a plan of broader scope. See Haar, In Accordance With a Comprehensive Plan, 68 Harv. L. Rev. 1154 (1955). It must reflect the plan, but it need not be controlled by it. See 3 R. Anderson, American Law of Zoning § 21.15 (2d ed. 1977). Although the plan may[*226] recommend many desirable approaches to municipal development, only those provisions incorporated in the bylaws are legally enforceable.

Finally, relying on Town of Waterford v. Pike Industries, Inc., 135 Vt. 193, 373 A.2d 528 (1977), the defendant contends that the validity of the zoning regulations is part of the plaintiff’s prima facie case and that they should have procured a finding that the regulations were validly enacted. We do not agree. In Waterford, we held that the town, in an action to enforce a zoning ordinance, bore the burden of obtaining a finding, based on sufficient evidence, that the ordinance was valid. Id. at 195, 373 A.2d at 530. Although an ordinance is presumed valid, upon the introduction of evidence tending to show lack of strict compliance with statutory procedures, the presumption of validity disappears. Id. at 196, 373 A.2d at 530. But this case is distinguishable from Waterford. Here the question is not whether the defendant violated a zoning ordinance, to which the invalidity of the ordinance is a defense, but whether the defendant was properly granted a permit, which usually does not even raise the issue of validity. Indeed, at trial below, the plan, ordinance and regulations were introduced into evidence without objection. The case does not fail for lack of such a finding. Moreover, although the defendant now claims that certain evidence overcame the presumption of validity, it did not, during trial, ever declare that it questioned the validity of the regulations. Points not raised in a proceeding before the lower court cannot be considered on appeal. Monti v. Town of Northfield, 135 Vt. 97, 99, 369 A.2d 1373, 1376 (1977).

Judgment affirmed.