Before Adoption of Amendments

Pre-Winhall decisions suggest that the Court will stretch to find vesting where amendments are adopted after a project has been both properly applied for and approved by the appropriate regulatory body.  Thus, in Presault v. Wheel, planning commission subdivision approval and issuance of a building permit for some units in the project had occurred before the adoption of amendments that would have precluded important aspects of the project.  Distinguishing Mendon, discussed above, as involving voluntary delay by the developer, the Court balanced developer and town interests and found that delays in construction otherwise required under the building permit did not prevent vesting, because the delays were necessitated by protracted litigation involving the project.6

6 132 Vt. 247, 315 A.2d  244 (1974).  See also the related case, In re Presault, discussed in note 3 in the previous section – No Applicable Land Use Plan or Regulation.