Supreme Court of Vermont
James L. Levy v. Town of St. Albans Zoning Board of Adjustment
July 14, 1989152 Vt. 139
Summary
The Court held that the unappealed 1984 conditional-use approval was a final zoning decision that could not be collaterally attacked after the applicable thirty-day appeal period, even if the approval was allegedly ultra vires. The Court further held that the approval did not expire merely because the related building permit was limited to one year, but factual questions concerning abandonment required additional discovery and prevented summary judgment. The judgment was reversed and the matter remanded for proceedings on abandonment.