Town of Randolph v. Estate of Mildred White, Anthony White

Summary

The Vermont Supreme Court reversed summary judgment for the Town of Randolph in a zoning enforcement action, holding that the Town's notice of violation violated the Due Process Clause because it failed to inform the landowner of his right to contest the zoning administrator's finding before the board of adjustment. Applying Mullane, Memphis Light, and Mathews, the court held that a notice of a significant property deprivation must state the factual basis for the violation, the action to be taken, and the procedures to challenge it. Because defendant never appealed the administrator's finding, the court could not treat the finding as binding on due process grounds.