Rossetti v. Chittenden County Transportation Authority

674 A.2d 1284, 165 Vt. 61, 1996 Vt. LEXIS 6
CourtSupreme Court of Vermont
DecidedMarch 22, 1996
Docket94-501 & 95-266
StatusPublished
Cited by15 cases

This text of 674 A.2d 1284 (Rossetti v. Chittenden County Transportation Authority) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rossetti v. Chittenden County Transportation Authority, 674 A.2d 1284, 165 Vt. 61, 1996 Vt. LEXIS 6 (Vt. 1996).

Opinion

Dooley, J.

This is a consolidated appeal involving two proceedings between the parties: (1) a petition by the Chittenden County Transportation Authority (CCTA) to condemn a vacant parcel of land in order to expand its existing bus storage, maintenance and office facilities; and (2) an appeal by the City of Burlington of a zoning permit granted by the city zoning board to CCTA to build a bus and office facility on the property to be condemned. As to the second proceeding, CCTA appeals the superior court’s denial of its motion to dismiss the City’s zoning appeal on the ground that the City lacked standing to appeal. As to the first, the City appeals on various grounds the decision of the superior court granting CCTA’s petition of necessity to condemn the parcel of land. We reverse the denial of CCTAs motion to dismiss the zoning appeal and affirm the necessity decision.

On April 21, 1994, the Burlington zoning board of adjustment granted CCTA’s request for a conditional use permit to construct a 21,840 sq. ft. building, for bus storage, maintenance and office facilities, on a lot owned by members of the Rossetti family and lying adjacent to CCTA’s existing facility. The City appealed that decision. CCTA moved to dismiss the appeal on the ground that the City did not have standing to appeal. On August 3, 1994, the superior court denied CCTA’s motion to dismiss, concluding that the City had standing as an interested person pursuant to 24 V.S.A. § 4464(b)(2). The court then denied CCTA’s motion for reconsideration and granted permission to take an interlocutory appeal.

In January of 1994, CCTA also began condemnation proceedings to acquire title to the lot. A dispute arose as to the proper procedure for the condemnation proceeding. Initially, CCTA proceeded pursuant to 24 V.S.A. § 2805, using the procedure available to a municipality. The use of that procedure was challenged by the City and the landowners, and the superior court agreed with them, dismissing the condemnation action. 1 Subsequently, CCTA began its condemnation proceeding anew pursuant to the highway condemnation law, 19 Y.S.A. ch. 5, and *64 filed a petition to determine the necessity of condemning the property. On April 25, 1995, the superior court granted CCTA’s necessity petition, finding that CCTA had proven a reasonable need to condemn the property.

We first address the zoning appeal. CCTA argues that the City does not have standing to appeal the decision of its own zoning board in this case. The applicable statute at the time provided that “[a]n interested person may appeal a decision of a board of adjustment to the superior court. . . .” 24 V.S.A. § 4471 (1992)(amended by 1993, No. 232 (Adj. Sess.), § 48, eff. Mar. 15, 1995). The term “interested person” is defined to include “[t]he municipality in which the plan or a bylaw of which is at issue in an appeal. . . .” Id. § 4464(b)(2).

Although the City is the municipality in which the land lies, CCTA argues that the City does not have standing because neither its plan nor its zoning bylaw “is at issue” in the appeal. To fully understand this argument, and the City’s response, we must first look at the issues in the appeal.

The Burlington zoning ordinance designates CCTA’s proposed use as a conditional use requiring both general conditional use review and major impact development review. One of the major impact development review standards is that the use must not place an unreasonable burden on the ability of the City to provide municipal services. Before the zoning board, the City Community and Economic Development Office argued that this standard was not met because CCTA is tax-exempt and the development would take off the property tax rolls one of the few remaining undeveloped industrial development sites in the City. The zoning board recognized that removing the site from the tax rolls would place some burden on City resources, but concluded that the burden was not “unreasonable.” It is this determination that the City seeks to appeal to superior court. 2 Because the standard involved is contained in the City zoning bylaw, and not in state statute, the City argues that the bylaw is “at issue” in the zoning appeal.

CCTA relies primarily on our decision in Sabourin v. Town of Essex, 146 Vt. 419, 505 A.2d 669 (1985) (per curiam), where we held that the Town did not have standing to appeal the decision of its zoning board to grant a variance because neither the town plan nor a *65 municipal bylaw was at issue. Id. at 420, 505 A.2d at 670. The City, and the trial court, distinguish Sabourin because that decision involved the application of variance criteria set out in the state statute, whereas this decision involves conditional use criteria set forth in a municipal bylaw. Although Sabourin contains some language that may support this distinction, we conclude that Sabourin controls even though the zoning board was applying provisions of a local bylaw.

In construing a statute, our primary objective is to give effect to the intent of the Legislature. Massachusetts Mun. Wholesale Elec. Co. v. State, 161 Vt. 346, 355, 639 A.2d 995, 1001 (1994). We must observe legislative restrictions on relief available in zoning cases and may not judicially expand the class of persons entitled to review. Garzo v. Stowe Bd. of Adjustment, 144 Vt. 298, 302, 476 A.2d 125, 128 (1984).

We have frequently found assistance in construing our zoning statutes in the interpretations of similar or identical statutes in other states. In this case, however, the Vermont Legislature has taken a different approach from that of other states. The Standard State Zoning Enabling Act specifically allows the municipality, and its agencies or officers, to appeal, see 5 R. Anderson, American Law of Zoning § 32.01, at 8 (3d ed. 1986), and many states have adopted this exact or similar language. See, e.g., N.Y. Town Law § 282 (McKinney 1987); Mass. Gen. Laws Ann. ch. 40A, § 17 (West 1994). Other states generally allow aggrieved or affected persons to appeal, and the courts have held that municipalities fit within this general authorization. See, e.g., City of Burley v. McCaslin Lumber Co., 693 P.2d 1108, 1110-11 (Idaho Ct. App. 1994); City of Reno v. Harris, 895 P.2d 663, 666 (Nev. 1995).

A decision from one state which limits appeals by municipalities is cited with approval in Sabourin. See Township of Dover v. Board of Adjustment of Township of Dover, 386 A.2d 421 (N.J. Super. Ct. 1978).

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Bluebook (online)
674 A.2d 1284, 165 Vt. 61, 1996 Vt. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rossetti-v-chittenden-county-transportation-authority-vt-1996.