Town of Shelburne v. Kaelin

How courts have described this case

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

• indicating that the argument that a use is a preexisting nonconformity can be an affirmative defense to an allegation that the party’s property use violates an ordinance provision and concluding that the party asserting that defense bears the burden of establishing its elements
• “To establish a prior nonconforming use, the use must be in existence prior to and on the day the zoning ordinance is enacted.”
• ‚V.R.C.P. 8(c) provides that ‘a party shall affirmatively set forth and establish . . . (any
• “That we have the power in our discretion to remand a cause to prevent a failure of justice is beyond question, and it has been our practice to do so when the circumstances warrant.”

Source: CourtListener parenthetical corpus (CC0).