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Appeals of Madden & Winborn

Citation: Not availableDocket: 227-11-99 Vtec

Court: Vermont Superior Court; May 23, 2000; Vermont; State Appellate Court

Original Court Document: View Document

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In the Vermont Environmental Court case concerning the appeals of John A.G. Madden and Melissa Winborn (Docket Nos. 227-11-99 Vtec, 250-12-99 Vtec, and 15-1-00 Vtec), the court addressed a motion by John Madden to amend a previous decision regarding building permits for a residential subdivision proposed by John and Deborah Sherlock on the former Phelps Farm. The court previously upheld these permits on April 24, 2000. 

Madden contended that the underlying subdivision approvals were still under appeal in the Vermont Supreme Court when the building permits were issued, claiming that this made the permits non-final. However, the court determined that Madden's federal court complaint against the Vermont Supreme Court was a collateral attack rather than a continuation of the original appeal. Consequently, the Supreme Court's decision on the subdivision appeal remained final unless the federal court were to vacate it.

Madden also sought to reconsider the $300 filing fee for appeals to the Zoning Board of Adjustment, arguing it was unconstitutional. The court previously ruled in Madden's favor regarding the fee but did not address its constitutionality, concluding that the fee was invalid because it did not comply with the Zoning Regulations' requirement for the Selectboard to establish fees reasonably to cover administrative costs. The court declined to address the constitutional issue, adhering to the principle of avoiding constitutional questions when other grounds suffice for a decision.

The motion to amend the April 24, 2000 Decision and Order was ultimately denied. The decision was issued by Environmental Judge Merideth Wright on May 23, 2000.