IN RE ZONING VARIANCE APPLICATION, ETC.

No. 342-81.

449 A.2d 910 (1982)

In re ZONING VARIANCE APPLICATION OF RAY REILLY TIRE MART, INC. (William and Pauline Richardson, George and Gertrude Jagolinzer, Appellants).

Supreme Court of Vermont.

June 8, 1982.


Attorney(s) appearing for the Case

Robinson E. Keyes of Ryan, Smith & Carbine, Ltd., Rutland, for plaintiff-appellee.

A. Jay Kenlan, Rutland, for defendants-appellants.

Before BARNEY, C. J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.


PECK, Justice.

This appeal challenges the Rutland Superior Court's determination that the appellee, Ray Reilly Tire Mart, Inc., satisfied the five criteria set forth in 24 V.S.A. § 4468(a) for obtaining a variance.

The appellee has owned a piece of commercial property lying on the north side of Woodstock Avenue in the City of Rutland, Vermont, since 1957. On this property the appellee conducts wholesale and retail sales and service permitted by city zoning...

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