Vermont Statutes Title 5 Sec. 1017
Terms Used In Vermont Statutes Title 5 Sec. 1017
- Airport: means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, that is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way. See
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Transportation Board. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative. See
- Political subdivision: means any county, city, town, or other municipality. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See
- sworn: shall include affirmed. See
§ 1017. Appeals to Superior Court
(a) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board, that is of the opinion that a decision of a board of adjustment is illegal, may present to the Superior Court of the county in which the airport is situated a verified petition requesting a de novo review of the decision. The petition shall specify the grounds for review. It shall be presented to the court within 30 days after the decision is filed in the office of the board.
(b) Upon presentation of the petition, the court may review the decision of the board. The appeal shall not stay proceedings upon the decision appealed from, but, on application, on notice to the board, and on cause shown, the court may grant a restraining order.
(c) The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies or of portions of copies that may be called for by the court.
(d) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and, if need be, to order further proceedings by the board of adjustment.
(e) In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this State or the Constitution of the United States, the holding shall not affect the application of the regulations to other structures and parcels of land. (Added 1985, No. 222 (Adj. Sess.), § 2.)