In Re Ray E. Poole, Jr., Audrey A. Poole, and Vermont Fast Foods, Incorporated

Summary

The court held that the superior court conducted a de novo hearing because the relevant evidence was presented anew and the court made its own findings, although it erred by merely affirming the administrative decisions rather than issuing its own conditional order. The certificate-of-authority claim was moot because authorized entities joined the application and one of them alone received the zoning permit. The judgment was vacated and remanded for the superior court to independently determine whether the sign, landscaping, and setback requirements should be enforced, waived, or modified and to state the resulting conditions in its order.