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MSK Attorneys

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Decisions


In re 204 North Avenue NOV, 2019 VT 52

September 3, 2019 by Deborah Sabourin

MSK successfully represented a group of Burlington area landlords in overturning a series long-held rulings by the Environmental Court that “use” violations (such as adding additional living units or bedrooms) were considered “continuing violations,” and therefore could not obtain the benefit of the 15-year statute of limitations applicable to structures. MSK filed an Amicus (friend of court) brief and jointly argued the case before the Vermont Supreme Court. In a decision dated August 30, 2019, the Vermont Supreme Court held that a 15-year statute of limitations applies to “all municipal land use violations, including use violations.” This ruling will prevent enforcement actions against properties that have been used for decades, often with the full knowledge of the municipality, because they could not prove that they have obtained required permits decades ago. Click here to read Decision.

Filed Under: Decisions, Vermont Supreme Court

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