Appeal of Pfeiffer, 266-77
| Decision Date | 10 February 1978 |
| Docket Number | No. 266-77,266-77 |
| Citation | 383 A.2d 633,136 Vt. 52 |
| Parties | Appeal of John PFEIFFER. |
| Court | Vermont Supreme Court |
Graves & Nicholson, South Burlington, for appellant.
William D. Robinson, Colchester, for appellee.
Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.
Appellant in this case appealed to the Superior Court from the granting of a variance by a local zoning board of adjustment. The appeal was dismissed by the trial court because of noncompliance with the provisions of V.R.C.P. 75.
Appeals to Superior Court from local boards of adjustment are governed by V.R.C.P. 74, calling only for notice of appeal. 24 V.S.A. § 4471, No. 185, § 205 (1971 Adj.Sess.); In re Rhodes, 131 Vt. 308, 309, 305 A.2d 591, 592 (1973). Appellant's motion to amend the dismissal order should have been granted.
Reversed and remanded.
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Vermont Division of State Bldgs. v. Town of Castleton Bd. of Adjustment
...by an erroneous procedure, the timely filing of a notice with the board of adjustment gives the appeal validity. Cf. In re Pfeiffer, 136 Vt. 52, 53, 383 A.2d 633 (1978) (Although appellant timely filed pursuant to V.R.C.P. 75, the notice was sufficient to have invoked V.R.C.P. 74 jurisdicti......