Attorney Liam Murphy presented The Bianchi 15 Year Statute After The 204 North Avenue NOV Case at the 2019 Vermont Bar Association Real Estate Law Day held November 14, 2019. The presentation discussed the recent Vermont Supreme Court decision in which MSK successfully represented a group of Burlington area landlords in overturning a series of ruling 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 had obtained required permits decades ago. Unfortunately, issues continue to persist regarding how municipalities will apply zoning requirements to such “properties with unenforceable violations.” Click here to view/print a copy of Attorney Murphy’s powerpoint presentation.