McPartland ZA Appeal - Decision on Merits
24-ENV-00051
Vt. Super. Ct.Jun 17, 2025Background
- John McPartland appealed the Middlebury Development Review Board (DRB)'s decision upholding the Zoning Administrator’s refusal to enforce zoning violations against neighboring property owner Richard Tinsley at 13 Washington Street Extension.
- McPartland claimed violations related to screening of a dumpster and parking lot, as well as unpermitted grading and drainage changes alleged to damage his property.
- The property was formerly a daycare subject to 1980s permit conditions (including for screening/landscaping) but is now a residential property.
- In October 2023, the DRB found past permit conditions for the daycare use do not persist in residential use; that decision was not appealed.
- The court reviewed the case on the record and could not consider new evidence or reweigh witness credibility under Vermont on-the-record appeal standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforcement for Screening | 1980s permit screening conditions still apply | Permit conditions no longer apply after use changed to residential | DRB did not err; screening conditions no longer applicable |
| Enforcement for Grading & Drainage | Grading required review and enforcement | Insufficient evidence and no zoning violation shown | DRB did not err; insufficient evidence and no relevant regulations |
Key Cases Cited
- Levy v. Town of St. Albans Zoning Bd. of Adjustment, 152 Vt. 139 (collateral challenges to zoning board decisions barred if not appealed)
- Harvey v. Town of Waitsfield, 137 Vt. 80 (finality of zoning decisions prevents later collateral attack)
- Graves v. Town of Waitsfield, 130 Vt. 292 (reinforcing zoning decision finality doctrine)