Vermont Baptist Convention v. Burlington Zoning Bd., 613 A.2d 710 (Vt. 1992). · Go Syfert
Vermont Baptist Convention v. Burlington Zoning Bd., 613 A.2d 710 (Vt. 1992). Cases Citing This Book View Copy Cite
53 citation events (29 in the last 25 years) across 2 distinct courts.
Strongest positive: Shires Housing PUD Amendment/Shires Housing Inc. Act 250 (vtsuperct, 2017-04-14)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Under fire — who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Dissent Kimberly Haller v. Champlain College (2017)
“Baptist Convention v. Burlington Zoning Bd. , 159 Vt. 28 , 30, 613 A.2d 710 , 711 (1992) (quotation omitted).”
Dissent Thompson v. Dewey's South Royalton, Inc. (1999)
“See Vermont Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 , 613 A.2d 710, 711 (1992) (under principle of ejusdem generis, general term must be construed to include only terms similar in nature to enumerated terms).”
Concurrence Estate of Frant v. Haystack Group, Inc. (1994)
“See Wesco, Inc. v. Hay-Now, Inc., 159 Vt. 28, 26 , 613 A.2d 207, 209 (1992) (to prevail on motion for summary judgment, there must be no genuine issues of material fact).”
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (quoted) Shires Housing PUD Amendment/Shires Housing Inc. Act 250
Vt. Super. Ct. · 2017 · quote attribution · 1 verbatim quote · confidence low
a distinction based upon the identity of the owner rather than the public health, safety, morals, or general welfare would be invalid.
discussed Cited as authority (quoted) Twin Pines Housing Trust and Dismas of Vermont CU
Vt. Super. Ct. · 2013 · quote attribution · 1 verbatim quote · confidence low
a distinction based upon the identity of the owner rather than the public health, safety, morals, or general welfare would be invalid.
discussed Cited as authority (quoted) Southern Vermont Beagle Club
Vt. Super. Ct. · 2013 · quote attribution · 1 verbatim quote · confidence low
a distinction based upon the identity of the owner rather than the public health, safety, morals, or general welfare would be invalid.
discussed Cited as authority (quoted) Twin Pines Housing Trust & Dismas of Vermont CU
Vt. Super. Ct. · 2012 · quote attribution · 1 verbatim quote · confidence low
a distinction based upon the identity of the owner rather than the public health, safety, morals, or general welfare would be invalid.
examined Cited as authority (quoted) Appeal of Gauthier
Vt. Super. Ct. · 2006 · quote attribution · 1 verbatim quote · confidence low
the zoning boardʹs position would allow the zoning ordinance to be construed as permitting regulation of property based on the identity of the owner, not the use of the land. this result is inconsistent with the legislatureʹs grant of authority to adopt zoning regulations
discussed Cited as authority (rule) 600 Waits River Road Zoning Permit Application - Decision on Merits
Vt. Super. Ct. · 2025 · confidence medium
When construing such a provision, we apply the rule of ejusdem generis and interpret this general clause to include only things similar in character to those uses which are specifically defined. 10 Vermont Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 (1992).
discussed Cited as authority (rule) In Re Cathedral of the Immaculate Parish Charitable Trust Appeal (Carolyn Bates, Appellants)
Vt. · 2024 · confidence medium
As we explained in Vermont Baptist Convention v. Burlington Zoning Board, the Legislature has authorized municipalities to regulate specific uses of land and structures, and density of population and intensity of use. 159 Vt. 28, 30-31 , 613 A.2d 710, 711 (1992) (construing language previously found in 24 V.S.A. § 4401 that is now set forth in § 4411).
discussed Cited as authority (rule) State v. Morris D. Nelson
Vt. · 2020 · confidence medium
Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 , 613 A.2d 710, 711 (1992) (holding that when construing an enactment with a series of defining terms, “the latter general terms will be construed to ‘include only those things similar in character to those specifically defined’ ”).
discussed Cited as authority (rule) Kimberly Haller v. Champlain College (2×) also: Cited "see"
Vt. · 2017 · confidence medium
Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 , 613 A.2d 710, 711 (1992) (quotation omitted).
cited Cited as authority (rule) Bruce Willette v. Dept. of Labor (Washington County Youth Services, Inc., Employer)
Vt. · 2015 · confidence medium
Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 (1992) (quotation omitted), we conclude that claimant’s conduct here falls short of meeting the standard for gross misconduct.
discussed Cited as authority (rule) In re Carrigan Conditional Use and Certificate of Compliance, Certificate of Occupancy, Certificate of Compliance
Vt. · 2014 · confidence medium
Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 , 613 A.2d 710, 711 (1992) (“[T]he latter general terms will be construed to include only those things similar in character to those specifically defined.” (quotation omitted)). *445 ¶ 15.
discussed Cited as authority (rule) In re Toor and Toor Living Trust NOV
Vt. · 2012 · confidence medium
We note, howevei’, that this factor, which is the centei’piece of the DRB rationale, appears to be less significant to the court’s rationale. 8 Although we ultimately agree with appellants’ position, we do not agree with the argument that the case is controlled by In re Sardi, 170 Vt. at 624 , 751 A.2d at 774 , and Vermont Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 , 613 A.2d 710, 711 (1992).
cited Cited as authority (rule) In re Bowen Conditional Use Application After Remand
Vt. · 2011 · confidence medium
Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 (1992) (quotation omitted).
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) In re Ochs
Vt. · 2006 · confidence medium
Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30-31 , 613 A.2d 710, 711 (1992) (holding that, for zoning purposes, the use to which real estate is put is more important than the ownership of the property).
cited Cited as authority (rule) In Re Appeal of Sardi
Vt. · 2000 · confidence medium
See 24 V.S.A. § 4401; Vermont Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 , 613 A.2d 710, 711 (1992).
discussed Cited as authority (rule) In Re Wal Mart Stores, Inc.
unknown court · 1997 · signal: cf. · confidence medium
Cf. Vermont Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 , 613 A.2d 710, 711 (1992) (when construing enactment with series of defining terms, Court will apply rule of ejusdem generis, and latter general terms will be construed to include only things similar in character to those specifically defined).
examined Cited as authority (rule) In Re Appeal of Lowe (4×) also: Cited "see"
Vt. · 1995 · confidence medium
We recently adopted this reasoning in Vermont Baptist Convention v. Burlington Zoning Board, 159 Vt. 28, 30-31 , 613 A.2d 710, 711 (1992), where the-zoning board had determined that a transfer of a church’s office property to a business was a change in use even though the actual use of the property would not change in the transfer.
discussed Cited as authority (rule) State v. Madison
Vt. · 1995 · confidence medium
See, e.g., In re Bushey-Combs, 160 Vt. 326, 329 , 628 A.2d 541, 543 (1993) (holding that Human Services Board has authority to review de novo evidence of abuse in conducting evidentiary “fair hearing”); Vermont Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 29 , 613 A.2d 710, 711 (1992) (stating that plaintiff appealed to superior court for de novo review of zoning board decision); In re Maple Tree Place, 156 Vt. 494, 499 , 594 A.2d 404, 407 (1991) (using words “de novo review” in describing holding in Poole).
examined Cited "see" Thompson v. Dewey's South Royalton, Inc. (8×) also: Cited "see, e.g."
Vt. · 1999 · signal: see · confidence high
See Vermont Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 , 613 A.2d 710, 711 (1992) (under principle of ejusdem generis, general term must be construed to include only terms similar in nature to enumerated terms).
discussed Cited "see" In re Appeal of Chatelain (2×)
Vt. · 1995 · signal: see · confidence high
See Vermont Baptist Convention v. Burlington Zoning Bd., 159 Vt. 28, 30 , 613 A.2d 710, 711 (1992) (construing zoning ordinance in accordance with rule of ejusdem generis * ).
discussed Cited "see" Estate of Frant v. Haystack Group, Inc.
Vt. · 1994 · signal: see · confidence high
See Wesco, Inc. v. Hay-Now, Inc., 159 Vt. 28, 26 , 613 A.2d 207, 209 (1992) (to prevail on motion for summary judgment, there must be no genuine issues of material fact).
Retrieving the full opinion text from the archive…
Vermont Baptist Convention
v.
Burlington Zoning Board
91-333.
Supreme Court of Vermont.
Jul 17, 1992.
613 A.2d 710
Joseph F. Obuchowski of Carroll, Obuchowski & Scribner, Burlington, for Plaintiff-Appellant., Janet Murnane, Assistant City Attorney, Burlington, for Defendant-Appellee.
Allen, Gibson, Dooley, Morse, Johnson.
Cited by 26 opinions  |  Published
2 passages pin-cited by 5 cases
Pinpoint authority: #12,554 of 633,719
Citer courts: Vermont Superior Court (5)
[*29] Allen, CJ.

Plaintiff appeals a superior court judgment affirming a determination by the Burlington Zoning Board of Adjustment that plaintiff’s use of its property constituted a permitted “semi-public” use under the City of Burlington zoning ordinance. We reverse.

Plaintiff serves Baptist Churches by providing program materials, publishing news magazines, and managing trust funds. Its business offices are located on the ground floor of the property at issue, where it has performed its administrative functions since 1967. The property is located in the “R-40” district under the zoning ordinance. The second floor of the building contains three residential apartments. Plaintiff has used the property for this mixed residential-commercial purpose since it purchased the building in 1967, but has never used the offices for worship, counseling, or any traditional church functions. In 1986, a zoning ordinance amendment eliminated offices as a permitted use in the “R-40” district except under limited circumstances not applicable here.

A prospective purchaser of the property requested that plaintiff obtain a determination by the City of Burlington Zoning Board of Adjustment that the property could continue to be used for offices. The purchaser planned to use the ground floor as offices for commercial mortgage brokering while continuing to use the second floor as apartments. Plaintiff contended that such use of the property would be permitted because plaintiff enjoyed a prior nonconforming use that it could convey to the purchaser. The Zoning Board disagreed and classified plaintiff’s use as a permitted “semi-public” use, which is defined by the ordinance to include nonprofit operations. The prospective purchaser is a for-profit entity and therefore could not use the property as desired.

Plaintiff appealed to the superior court for de novo review of the Zoning Board’s decision. Ruling on stipulated facts, the trial court granted the Zoning Board’s cross-motion for summary judgment. The court concluded that plaintiff’s activities were “nonprofit operations” under the definition of semi-public use and affirmed the Zoning Board’s decision. We hold that plaintiff’s use of its property constituted a prior nonconforming use.

[*30] The zoning ordinance defines “semi-public” use as including “churches, membership clubs and other non-profit operations.” The Zoning Board argues that plaintiff’s activity is a semi-public use because plaintiff is a nonprofit organization. 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). Therefore, we must read “non-profit operations” in light of the character of churches and membership clubs. Administrative office use is not consistent with the general nature of churches and membership clubs because offices are not subject to the membership traffic associated with these operations. This distinction is further supported by use of the word “semi-public,” which implies operations that involve a degree of public interaction. Plaintiff used the building as a business operation and never provided religious services such as worship, study, or recreation. We conclude that “nonprofit operations” does not include plaintiff’s administrative office functions, and that the Zoning Board miselassified plaintiff’s property use as “semi-public.”

The Zoning Board’s position would allow the zoning ordinance to be construed as permitting regulation of property based on the identity of the owner, not the use of the land. This result is inconsistent with the Legislature’s grant of authority to adopt zoning regulations. 24 V.S.A. § 4401. See Flanders Lumber & Building Supply Co. v. Town of Milton, 128 Vt. 38, 45, 258 A.2d 804, 808 (1969) (the zoning power of a municipality exists “only in accordance with, and subject to, the terms and conditions imposed by the state in making the power grant”). The Legislature has authorized municipalities to regulate the following:

(A) Specific uses of land, water courses and other bodies of water;
(B) Dimensions, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures;
(C) Areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts,[*31] yards and other open spaces and distances to be left unoccupied by uses and structures;
(D) Density of population and intensity of use.

24 V.S.A. § 4401(b)(1). This enumeration of power refers only to uses and structures, not the identity of the owner. The fact that plaintiff’s activities are church-related does not alter the actual use of the property. Furthermore, the use proposed by the prospective purchaser is the same as plaintiff’s current use of the property. A distinction based upon the identity of the owner rather than the public health, safety, morals, or general welfare would be invalid. See Galanes v. Town of Brattleboro, 136 Vt. 235, 240, 388 A.2d 406, 410 (1978) (the power to zone requires reference to public health, safety, morals, or general welfare).

The trial court found persuasive the Zoning Board’s argument that plaintiff’s tax-exempt status as a public, pious and charitable organization supports the conclusion that plaintiff’s use is semi-public. However, plaintiff’s tax status is not relevant to plaintiff’s use of its property.

Reversed.