In Re Laberge Moto-Cross Track

Summary

The court held that the landowners’ private motocross track was not a "structure" requiring a zoning permit under the Hinesburg zoning regulations. Because the track was a de minimis incidental recreational use and did not substantially change the property’s use, the court reversed the Environmental Court’s permit and conditional-use approval ruling. The court also concluded that the zoning ordinance’s restrictive clause did not prohibit this unenumerated, lawful private use. No separate opinions were filed.