Showing posts with label permit conditions. Show all posts
Showing posts with label permit conditions. Show all posts

Friday, March 1, 2013

Hooray for the Generals!



In re Stowe Highlands Merger/Subdivision Application, 2013 VT 4.

Isn’t it a shame?  Here we are in the 21st century with the whole of history at our fingertips.  A few key strokes on You Tube and we can watch the I Have a Dream Speech while over on some blog we can read an in-depth discussion of each episode of the Jerry Van Dyke series, My Mother, the Car.  Yet, none of this absolute stream of information can take the place of the thrill that once came from a mixture of anticipation, rumor, and not knowing whether the good guy or the stooge would win in the end.

I am talking of course about watching the Harlem Globetrotters trounce the Washington Generals.  For a kid who was lucky enough to get seats at the Richfield Coliseum to watch Meadowlark Lemmon and his crew clown around and over the Hapless Washington Generals, what could ever compare with sitting in the stands, thinking . . . Is this the night?  Will the Globetrotters pull it out?  Could the Generals win?  Tonight?

The thrill was in the what if.  Sure the Globetrotters won every time, but there was always that chance that you could be watching history, watching the patsy win.  Well, that was enough to knock you out of your seat even if you wanted the Globetrotters to win more than anything else. 

Fortunately for Vermont legal observers, we have our own Generals to watch and for the past twenty years they have provided us with same type of hapless hijinks that mark their basketball cousins.

Monday, December 10, 2012

The Development Next Door



In re Woodstock Community Trust and Housing Vermont PRD, 2012 VT 87.

There ought to be a name for this kind of case because its type is common event in land use law.  Calling it BANANA-NIMBY as one contributor has suggested may capture some of the feeling, but it does a disservice to both sides and to the totally committed nature of the litigation.  Appeals of this ilk are not simply protective actions by a neighbor trying to protect her view or a favored open field.  It is a primal scream that expresses outrage across the spectrum.  It says that this project not only offends me, it offends the Town, our community, the land use laws of this state, the zoning practices of the past fifty years, private property boundaries, and the common decency we expect in Vermont. 

In short, an appeal like this one is absoluter kreig.  Neighbors opposing the development at the heart of today’s appeal have filed multiple lawsuits, attended countless zoning meetings, have retained a cadre of expert witnesses, and have likely spent more hours trying to stop this project than you can imagine.  In this respect, NIMBY or like terms are not accurate.  These neighbors have looked at the proposed development and have come to believe that something foul lies at its heart, and they have pledged time and fortune to see that it does not come to pass.