On petition by the municipality and after notice and opportunity for hearing, the
Environmental Division may revoke a municipal land use permit issued under this chapter,
including a permit for a telecommunications facility, on a determination that the
permittee violated the terms of the permit or obtained the permit based on misrepresentation
of material fact. (Added 2009, No. 54, § 47, eff. June 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 236.)
Feeley Constr. Permits (Vt. Super. Ct. 2010). · cites it 3דPrior to the adoption of 24 V.S.A. § 4455, effective on June 1, 2009, this Court had upheld a zoning administrator’s authority “to revoke a permit for misrepresentation, at least where the permit form warns the applicant that misrepresentation voids the permit,” because “[t]o…”
Feeley Constr. Permits (Vt. Super. Ct. 2011). · cites it 2ד08 of the Zoning Regulations is affected by 24 V.S.A. § 4455 (2009) and V.R.E.C.P. 3(9), giving this Court jurisdiction to revoke a municipal permit for, among other things, misrepresentation of material fact, but requiring such revocation to be done “on petition by the…”
Carrigan CU Application (Vt. Super. Ct. 2013). “As to Question 3, the Court replied that “no,” Applicants did not commit a misrepresentation in their April 9, 2012 application that justified or required that (a) permit 10- 31 be voided; (b) permit 10-31 be revoked pursuant to 24 V.S.A. § 4455; or (c) Appellants’ attorney’s…”
Donovan CU (Vt. Super. Ct. 2013). “The former situation is now governed by 24 V.S.A. § 4455, while the latter comes under 24 V.”
Blake Lake Dunmore (Vt. Super. Ct. 2012). “” 24 V.S.A. § 4455. Because neither party appealed the ZA’s issuance of the original permit, the parties do not dispute that it became final on December 19, 2008.”
Benning Accessory Use Permit (Vt. Super. Ct. 2010). “Second, also as discussed in that decision, revisions to the state statute effective on June 1, 2009, 24 V.S.A. § 4455, provide a procedure for revoking a final permit that was 4 not followed by the Town in the present case.”
Benning Accessory Use Permit (Vt. Super. Ct. 2010). “On the other hand, another section of the state enabling statute, 24 V.S.A. § 4455, allows a municipality to petition this Court to revoke a permit, “after notice and opportunity for hearing,” if the Court “determin[es] that the permittee violated the terms of the permit or…”
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