In re 2078 Jersey Street
Annotate this Case
The case revolves around a dispute between the Town of Ferrisburgh and 2078 Jersey Street, LLC, the latter of which had purchased a parcel of land in the town and began constructing an access road to an existing rock quarry on the property. The town's Zoning Board of Adjustment (ZBA) issued a notice of violation to the company, stating that the construction required a permit. After the ZBA rejected the company's appeal of the notice of violation, the company filed for a conditional-use permit. The ZBA denied the permit, concluding that the construction of the road would substantially expand a nonconforming use of the property, in violation of local land use regulations.
After the ZBA denied the permit, the company mailed a request for reconsideration to the ZBA. However, the company did not file an appeal to the environmental court within the thirty-day appeal period under Rule 5(b)(1) of the Vermont Rules of Environmental Court Proceedings. The ZBA did not take any action on the reconsideration request prior to the expiration of the time to appeal to the environmental court. After the expiration of the appeal period, the ZBA denied the request for reconsideration.
The company then filed a notice of appeal with the environmental court. The town moved to dismiss the case for lack of subject matter jurisdiction, arguing that the company had failed to timely appeal. The court denied the motion, finding that, under Appellate Rule 4(b)(5), a request for reconsideration tolls the appeal deadline. The town then requested an interlocutory appeal, which was granted.
The Vermont Supreme Court reversed the environmental court's decision. The Supreme Court concluded that Appellate Rule 4(b)(5) is inapplicable in this context and that tolling does not otherwise apply under these circumstances. Therefore, the company's appeal to the environmental court was untimely and the court lacked jurisdiction to consider it. The case was remanded with orders that the company's appeal be dismissed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.