Hinsdale v. Village of Essex Junction
In Hinsdale v. Village of Essex Junction, 153 Vt. 618, 572 A.2d 925 (1990), the Court reaffirmed the Glabach holding but narrowed the rationale, holding that, because the purpose of the statute's notice requirement was met when the board orally announced its decision to the plaintiff, the failure of the board to mail plaintiff a written decision within the 45-day time period prescribed by 4470(a) did not entitle him to the deemed-approval remedy.
"The decision in this case was rendered within the statutory period; therefore, plaintiff is not entitled to the deemed-approval remedy." Id. at 625, 572 A.2d at 929.