RICHARDS v. TOWN OF NORWICH

No. 98-074.

726 A.2d 81 (1999)

Stuart RICHARDS v. TOWN OF NORWICH and Paul Z. Nowicki.

Supreme Court of Vermont.

January 29, 1999.


Attorney(s) appearing for the Case

C. Daniel Hershenson of Hershenson, Carter, Scott & McGee, Norwich, for plaintiff-appellant.

Gary R. Wieland, White River Junction, for defendant-appellee Town of Norwich.

Laura O'Connor of Miller & Candon, Norwich, for defendant-appellee Nowicki.

Present AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


AMESTOY, C.J.

Stuart Richards appeals a Windsor Superior Court order dismissing his Rule 75 appeal of the Town of Norwich selectboard's decision authorizing an on-site septic system permit for Paul Nowicki. Richards argues that he alleged facts in his complaint sufficient to assert standing and, therefore, the superior court erred when it dismissed his Rule 75 action for failure to state a claim upon which relief can be granted. We reverse.

In 1973, the Town...

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