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VERMONT RAILWAY, INC. v. TOWN OF SHELBURNE

Docket No. 18-188-cv August Term, 2018.

918 F.3d 82 (2019)

VERMONT RAILWAY, INC., Plaintiff-Counter-Defendant-Appellee, v. TOWN OF SHELBURNE, Defendant-Counter-Claimant-Appellant, Joe Colangelo, in His Capacity as Town Manager and Zoning Enforcement Officer, Defendant.

United States Court of Appeals, Second Circuit.

Decided: March 7, 2019.

Attorney(s) appearing for the Case

Claudine C. Safar , Monaghan Safar Ducham PLLC, Burlington, Vermont, for Defendant-Counter-Claimant-Appellant.

Jennifer E. McDonald ( Marc B. Heath , Evan J. O'Brien , on the brief), Downs Rachlin Martin PLLC, Burlington, Vermont, for Plaintiff-Counter-Defendant-Appellee.

Before: Raggi, Hall, and Sullivan, Circuit Judges.

This is an appeal from a judgment entered on January 2, 2018, in the United States District Court for the District of Vermont (Sessions, J.), granting a permanent injunction barring the Town of Shelburne, Vermont ("the Town") from enforcing against Vermont Railway, Inc. ("the Railway") the Town's "Ordinance Regulating...

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