Murphy Motor Sales v. First Nat. Bank of St. Johnsbury

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that courts “may not legislate in the guise of [statutory] construction,” and that “great care should be exercised by the court not to expand proper construction of a statute into judicial legislation”
• explaining that “[zjoning laws which curtail and limit uses of real property must be given a strict construction, since they are in derogation of common law rights,” and court “may not insert in a zoning regulation a provision not included by the legislative body”
• dismissing claim for prospective injunction against diner in part because plaintiff “makes no claim that the operation of the diner will be a nuisance per se”
• dismissing claim for prospective injunction against diner in part because plaintiff “makes no claim that the operation of the diner will be a nuisance per se”
• “A court may not legislate in the guise of construction, and may not insert in a zoning regulation a provision not included by the legislative body.”
• a court must not legislate “in the guise of construction”

Source: CourtListener parenthetical corpus (CC0).