Appeal and Error — Dismissal on Appeal — Erroneous Dismissals
Where appeal to superior court from grant of a variance by local zoning board of adjustment was dismissed because of noncompliance with the provisions of rule governing review of governmental action, and appeal was governed by rule regarding appeals from decisions of governmental agencies in contested cases, appellant's motion to amend dismissal order should have been granted. V.R.C.P. 74, 75.
Per Curiam.
Appellant in this case appealed to the Superior Court from the granting of a variance by a local zoning board of adjustment. The appeal was dismissed by the trial court because of noncompliance with the provisions of V.R.C.P. 75.
Appeals to Superior Court from local boards of adjustment are governed by V.R.C.P. 74, calling only for notice of appeal. 24 V.S.A. § 4471, as amended by No. 185, § 205 (1971 Adj. Sess.); In re Rhodes, 131 Vt. 308, 309, 305 A.2d 591, 592 (1973). Appellant's motion to amend the dismissal order should have been granted.
Reversed and remanded.