TOWN OF SHERBURNE V. CARPENTER 582 A.2d 145 (1990) CASE BRIEF

TOWN OF SHERBURNE V. CARPENTER

582 A.2d 145 (1990)

NATURE OF THE CASE: Town of Sherburne (P) sought review of a denial to grant an injunction against Carpenter (D), a property owner, and for capping the amount the property owner had to pay P as a fine.

FACTS: D owned a building for his plumbing business and zoning ordinance required structures in D's zone to be set back one hundred feet from Route 4. D's building represented a nonconforming preexisting use that was set back only fifty-five feet from Route 4 with a preexisting porch that further reduced the set-back. In 1986, P granted D a zoning permit to enclose the porch without changing the amount of set-back from Route 4. D then tore down the porch and built an enclosed structure in its place. During construction the zoning administrator sent D a letter stating that the new enclosure would be two feet closer to Route 4 than the former porch and, therefore, violated the zoning ordinance. The letter stated that unless D reduced the size of the enclosure P would sue to have the extra two feet removed from the building. D ignored the letter and P sued for an injunction to have the extra two feet removed and for a fine of fifty dollars per day pursuant to 24 V.S.A. 4444(a). D argues that the dimensions on the plans he had submitted were erroneous and the enclosed building front was only two inches closer to Route 4 than the edge of the roof on the former porch. D also testified that the zoning administrator, when he issued the permit, had assured him that a couple of feet would not matter. The court determined, that it would not require D to tear down the new enclosure. It imposed a daily fine of fifty dollars per day from the time the enclosure was built, but limited the overall fine to $1000 plus interest until paid. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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