Oct 22, 2024
Members of the Handy family must pay the City of Burlington more than $66,000 in fines and other costs for zoning violations at a blighted, vacant building on Pearl Street, the Vermont Supreme Court ruled this month. The order appears to end a municipal zoning battle that stretched for more than five years and twice landed in the high court's lap. The case resulted in one of the largest municipal zoning ordinance fines in recent years, director of code enforcement Bill Ward said on Tuesday. He said he was grateful that the case is "coming to a close" and acknowledged that the enforcement process moved slowly. "I apologize that it takes so long, but when a person uses the court system, it can create long delays," he said. The old filling station at 281 Pearl Street closed in 2017, and, in the years that followed, the property's prominent owners — Sisters & Brothers Investment Group — began selling parking spaces in the lot for as much as $125 per month. That use violated municipal zoning rules; in 2019, the city ordered the Handys to stop. [content-1] A long and winding process ensued. The Handys appealed the alleged violation to the city's Development Review Board, which upheld the code enforcement order. Then the city filed a case in state environmental court to collect fines and force the Handys to comply with the order. The case went to trial in 2021, and the following spring, the environmental court ordered the Handys to pay more than $40,000 in fines and cover the city's enforcement expenses of more than $20,000. The Handys appealed to the Vermont Supreme Court, which last year vacated the lower court's judgment on technical grounds. The case went back to the environmental court, where a judge reimposed the original fines and fees. The Handys appealed that order, too, which the high court rejected on October 11. The property remains vacant — one of several derelict sites that dot the city's urban core. The Handys' attorney, Brian Hehir, told Seven Days last year that the Pearl Street site would be redeveloped at some point, though he didn't know when, or for what purpose. Hehir did not respond to an emailed request for comment on Monday. The Handys have not yet paid the bill, according to city officials. If they refuse, the city could file a lien on the property, as…
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