In Re Appeal of Trahan NOV (Michael and Desiree Trahan, Appellants)

Summary

The Supreme Court of Vermont affirmed summary judgment against the landowners in a zoning enforcement action concerning an unpermitted pond located within a required road setback. It held that the zoning administrator timely acted on the permit application through the violation determination and referral to the zoning board, so no permit was deemed issued by operation of law. It also held that the zoning regulations require small ponds to comply with the district's general dimensional standards, including the sixty-five-foot setback.