· 8/31/1990
Town of Sherburne v. Carpenter
Citations
- 582 A.2d 145
- 155 Vt. 126
- 1990 Vt. LEXIS 179
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that where statute authorizes injunctive relief, municipality need not show irreparable harm but rather only violation of ordinance to obtain such relief
- explaining that a zoning permit may authorize the replacement of a nonconforming porch with an enclosed addition, but only within the same dimensions of the pre-existing, nonconforming porch
- stating that an additional encroachment of a few inches might well not be substantial.
- reversing and remanding the trial court’s denial of an injunction motion, because the trial court “was silent” on the basis of its equitable decision
- explaining the general rule that where “a municipality or public agency [] seek[s] an injunction in order to enforce compliance with a local ordinance or state statute, and is silent as to the injury caused… all that must be shown is a violation of the ordinance.”
- explaining the general rule that where “a municipality or public agency [] seek[s] an injunction in order to enforce compliance with a local ordinance or state statute, and is silent as to the injury caused… all that must be shown is a violation of the ordinance.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Peck, Dooley, Katz, Supr, Connarn, Springer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.