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IN RE BARRY (CLYDE'S PLACE LLC) NOV

No. 10-013.

16 A.3d 613 (2011)

2011 VT 7

In re BARRY (Clyde's Place LLC) NOV. In re Clyde's Place LLC Application (Existing Structure).

Supreme Court of Vermont.

January 21, 2011.

Attorney(s) appearing for the Case

Karl W. Neuse and Benjamin W. Putnam of Neuse, Duprey & Putnam, P.C., Middlebury, for Appellant.

Mark F. Werle and Greg J. Boulbol of Ryan Smith & Carbine, Ltd., Rutland, for Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

REIBER, C.J.

¶ 1. Landowner Clyde's Place LLC appeals the Environmental Court's decisions (1) upholding the Town of Orwell's notice of violation (NOV) as to landowner's replacement nonconforming structure and (2) denying landowner's application for a new permit or variance for the as-built structure. Notwithstanding the court's determination that the new structure violated certain Town bylaws, we conclude that landowner was entitled to judgment in its favor based...

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