Town of Milton By & Through Yusitis v. Brault, 75-69
| Decision Date | 01 June 1971 |
| Docket Number | No. 75-69,75-69 |
| Citation | 129 Vt. 431,282 A.2d 681 |
| Court | Vermont Supreme Court |
| Parties | TOWN OF MILTON, By and Through Vincent YUSITIS, Zoning Administrator v. Gerard M. BRAULT et al. |
Appeal from Court of Chancery, Chittenden County; Brooks, Chancellor.
Latham, Eastman & Tetzlaff, Burlington, for plaintiff.
John A. Burgess, Montpelier, for defendant.
Before HOLDEN, C.J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.
While the factual situation in the above entitled case differs in some respects from that presented in Town of Milton et al. v. LeClaire, Vt.. 282 A.2d 834, the same legal questions are involved in both cases and they were argued together. For this reason, what has been said in Town of Milton et al. v. LeClaire is equally applicable here and the entry order must be the same.
Decree reversed and cause remanded for purposes of assessing damages pursuant to terms of injunction bond and 12 V.S.A. § 4447.
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Brault v. Town of Milton
...the ordinance was taken at a town meeting of which those eligible to vote had not received adequate notice. Town of Milton v. Brault, 129 Vt. 431, 282 A.2d 681 (1971). 4 On remand, the Chittenden County court awarded the Braults $86,411 pursuant to 12 Vt.Stat.Ann. § 4447, which then When an......
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Town of Milton v. Brault
...65(c). This Court held that the zoning ordinance was invalid because of procedural defects in its adoption in Town of Milton v. Brault, 129 Vt. 431, 282 A.2d 681 (1971), and the companion case of Town of Milton v. LeClair, 129 Vt. 495, 282 A.2d 834 (1971). Therefore, the injunction had issu......
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