Gardenside Townhouse Association v. Zicconi and Ralston

2009 VT 47

Gardenside Townhouse Assn. v. Zicconi and Ralston (2008-297)

 

2009 VT 47

 

[Filed 06-May-2009] 

ENTRY ORDER

 

2009 VT 47

 

SUPREME COURT DOCKET NO. 2008-297

 

MARCH TERM, 2009

 

Gardenside Townhouse Association, Inc.

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APPEALED FROM:

 

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     v.

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Chittenden Superior Court

 

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John Zicconi and Joannah Ralston

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DOCKET NO. S0593-07 CnC

 

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Trial Judge: Dennis R. Pearson

 

In the above-entitled cause, the Clerk will enter:

 

¶ 1.             Defendants appeal from a grant of summary judgment and entry of injunction against them requiring defendants to comply with Article 3.03(c) of the Amended and Restated Declaration of a Townhouse Regime for Gardenside with respect to their cats.  Defendants raise issues of claimed discrimination against them and their pets, but none independently prohibited by Vermont law.  As concluded by the Superior Court, disposition of defendants' rights and obligations in regard to their pets in their residential community is governed by the "Regime," or private bylaws, of Gardenside.  Defendants failed to demonstrate error in the court's reading and enforcement of the bylaws.  Having found the Superior Court's decision sound on the application of law to the undisputed facts of this case, we affirm it in its entirety.

            Affirmed.

 

BY THE COURT:

 

 

 

 

 

 

 

Paul L. Reiber, Chief Justice

 

 

 

 

 

John A. Dooley, Associate Justice

 

 

 

 

 

Denise R. Johnson, Associate Justice

 

 

 

 

 

Marilyn S. Skoglund, Associate Justice

 

 

 

 

 

Brian L. Burgess, Associate Justice