Town of Sandgate v. Colehamer

In Town of Sandgate v. Colehamer, 156 Vt. 77, 84, 589 A.2d 1205, 1209 (1990), the Court held that the plain language of 4472 "clearly applies to defenses raised in enforcement proceedings and clearly applies to attacks on the validity of zoning provisions unless they raise constitutional issues." The Court therefore held that the defendant who had received a citation for violating a zoning ordinance was required to appeal the citation to challenge the ordinance's validity. See id. at 85-86, 589 A.2d at 1210. The Court reviewed the cases enforcing the exclusivity-of-remedy provision and concluded that the broad right of appeal, coupled with the plain language of the statute, barred the defendant from collaterally attacking the zoning ordinance. See id.