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COUTU v. TOWN OF CAVENDISH

No. 10-153.

19 A.3d 160 (2011)

2011 VT 27

David COUTU v. TOWN OF CAVENDISH, VERMONT TRANSPORTATION BOARD AND VERMONT AGENCY OF TRANSPORTATION.

Supreme Court of Vermont.

February 25, 2011.

Attorney(s) appearing for the Case

Mark G. Hall and Gavin J. Boyles of Paul Frank + Collins P.C., Burlington, for Plaintiff-Appellant.

Matthew T. Birmingham, III , of Birmingham & Moore, P.C., Ludlow, for Defendant-Appellee Town of Cavendish.

William H. Sorrell , Attorney General, and Daniel D. Dutcher , Assistant Attorney General, Montpelier, for Defendant-Appellee Agency of Transportation.

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

REIBER, C.J.

¶ 1. Plaintiff, David Coutu, is a helicopter pilot seeking to build a helipad on his property. After the town of Cavendish (Town) would neither grant him approval for the helipad nor send a letter to the Vermont Transportation Board (the Board) explaining that it had no zoning ordinance—and thus no authority upon which to base an approval or denial—plaintiff attempted to apply for a permit directly to the Board. He was denied consideration...

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