nonconforming use violation (Vermont) · Go Syfert
← Vermont issues

nonconforming use violation in Vermont

6 Vermont opinions name it 1 courts 2005–2021 1 in the last five years

The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Appeal of Gregoiregreen
vt · 1999 · cited in 4 Vermont opinions naming this issue, 2006–2021
2 sentences

2021Ct. June 27, 2006) (Wright, J.) (citing In re Gregoire, 170 Vt. 556, 558 (1999); In re Appeal of Richards, 2005 VT 23, ¶6 ).

2018This interpretation is further supported by the general policy that “[p]roperty owners cannot initiate a new nonconforming use in violation of the municipal zoning ordinance and acquire a vested right to its continuation, as one goal of zoning is to phase out nonconforming uses.” Richardson, No. 188-10-03 Vtec, slip op. at 12 (Jun. 27, 2006) (citing In re Gregoire, 170 Vt. 556, 558 (1998); In re Appeal of Richards, 2005 VT 23, ¶ 6 , 178 Vt. 478 ).

44
Reid v. Town of Charlottegreen
vt · 1993 · cited in 1 Vermont opinions naming this issue, 2005–2005
2 sentences

2005In both Reid v. Town of Charlotte, 160 Vt. 606, 608 (1993) and Town of Charlotte v. Richmond, 158 Vt. 354 , 356-58 (1992), landowners were precluded from asserting a nonconforming use defense in enforcement cases, as they had failed to appeal the notices of violation.

2005In both Reid v. Town of Charlotte, 160 Vt. 606, 608 (1993) and Town of Charlotte v. Richmond, 158 Vt. 354 , 356-58 (1992), landowners were precluded from asserting a nonconforming use defense in enforcement cases, as they had failed to appeal the notices of violation.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
In Re Appeal of Richards green
vt · 2005
2 sentences

2018This interpretation is further supported by the general policy that “[p]roperty owners cannot initiate a new nonconforming use in violation of the municipal zoning ordinance and acquire a vested right to its continuation, as one goal of zoning is to phase out nonconforming uses.” Richardson, No. 188-10-03 Vtec, slip op. at 12 (Jun. 27, 2006) (citing In re Gregoire, 170 Vt. 556, 558 (1998); In re Appeal of Richards, 2005 VT 23, ¶ 6 , 178 Vt. 478 ).

2018This interpretation is further supported by the general policy that “[p]roperty owners cannot initiate a new nonconforming use in violation of the municipal zoning ordinance and acquire a vested right to its continuation, as one goal of zoning is to phase out nonconforming uses.” Richardson, No. 188-10-03 Vtec, slip op. at 12 (Jun. 27, 2006) (citing In re Gregoire, 170 Vt. 556, 558 (1998); In re Appeal of Richards, 2005 VT 23, ¶ 6 , 178 Vt. 478 ).

42006–2021
In Re Appeal of Newton Enterprises green
vt · 1998
1 sentence

2005In In re Appeal of Newton Enterprises, 167 Vt. 459 (1998), a landowner who had failed to appeal a notice of violation was precluded from asserting a nonconforming use defense in the subsequent enforcement action, although the landowner was free to apply for a permit to bring the project into compliance.

12005–2005
Town of Hinesburg v. Dunkling green
vt · 1998
1 sentence

2005Also see Town of Hinesburg v. Dunkling, 167 Vt. 514 (1998) (landowner had failed to appeal ZBA decision declining to change permit conditions; in subsequent enforcement action, trial court granted summary judgment on violation but held hearing on appropriate remedy).

12005–2005
In Re Appeal of Casella Waste Management, Inc. green
vt · 2003
2 sentences

2005It therefore does not fall under the nonconforming use analysis of '3.11 or In re Casella Waste Management, Inc., 2003 VT 49 , 175 Vt. 335 (2003).

2005It therefore does not fall under the nonconforming use analysis of '3.11 or In re Casella Waste Management, Inc., 2003 VT 49 , 175 Vt. 335 (2003).

12005–2005
Town of Charlotte v. Richmond green
vt · 1992
2 sentences

2005In both Reid v. Town of Charlotte, 160 Vt. 606, 608 (1993) and Town of Charlotte v. Richmond, 158 Vt. 354 , 356-58 (1992), landowners were precluded from asserting a nonconforming use defense in enforcement cases, as they had failed to appeal the notices of violation.

2005In both Reid v. Town of Charlotte, 160 Vt. 606, 608 (1993) and Town of Charlotte v. Richmond, 158 Vt. 354 , 356-58 (1992), landowners were precluded from asserting a nonconforming use defense in enforcement cases, as they had failed to appeal the notices of violation.

12005–2005

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 24, § 4454 (4) VT § Vt. Stat. Ann. tit. 24, § 4451 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 9 (1996–2023) MO 6 (2000–2021) VT 6 (2005–2021) WA 5 (1988–2023) WI 5 (2018–2026) OH 5 (1998–2016) CA 4 (1996–2019) PA 4 (1974–2022) IN 3 (1987–1997) MI 2 (1967–1993) KS 2 (2019–2020) CT 2 (1998–2025) IA 2 (2016–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check