Gregory Chioffi v. Winooski Zoning Board

Summary

The court held that applying a statutory de novo appeal procedure to a zoning board decision does not violate separation of powers because the board was performing a quasi-judicial function and the superior court was applying legal criteria to facts. It therefore reversed the superior court's constitutional ruling and remanded for the statutorily required de novo trial. The court also permitted the interlocutory appeal despite the absence of a final judgment or formal authorization under the applicable appellate rule because remand without resolving the issue would have been futile.