Vermont § 4472 - Exclusivity of remedy; finality

§ 4472. Exclusivity of remedy; finality

• (a) Except as provided in subsections (b) and (c) of this section, the exclusive remedy
  of an interested person with respect to any decision or act taken, or any failure
  to act, under this chapter or with respect to any one or more of the provisions of
  any plan or bylaw shall be the appeal to the appropriate panel under section 4465 of this title, and the appeal to the Environmental Division from an adverse decision upon such
  appeal under section 4471 of this title. The appeal to the Environmental Division, if not on the record, as allowed under
  section 4471 of this title, shall be governed by the Vermont Rules of Civil Procedure and such interested person
  shall be entitled to a de novo trial in the Environmental Division. If the appeal
  to the Environmental Division is on the record, according to the provisions of section 4471 of this title, it shall be governed by the Vermont Rules of Civil Procedure. Whether proceeding
  on the record or de novo, the court shall have and may exercise all powers and authorities
  of a Superior Court. (b) The remedy of an interested person with respect to the constitutionality of any one
  or more of the provisions of any bylaw or municipal plan shall be governed by the
  Vermont Rules of Civil Procedure with a de novo trial in the Superior Court, unless
  the issue arises in the context of another case under this chapter, in which instance
  it may be raised in the Environmental Division. In such cases, hearings before the
  appropriate municipal panel shall not be required. This section shall not limit the
  authority of the Attorney General to bring an action before the Environmental Division
  under section 4453 of this title, with respect to challenges to housing provisions in bylaws. (c) The provisions of this section shall not be construed as preventing appeals to the
  Supreme Court in accordance with the Vermont Rules of Civil Procedure and the Vermont
  Rules of Appellate Procedure. (d) Upon the failure of any interested person to appeal to an appropriate municipal panel
  under section 4465 of this title, or to appeal to the Environmental Division under section 4471 of this title, all interested persons affected shall be bound by that decision or act of that officer,
  the provisions, or the decisions of the panel, as the case may be, and shall not thereafter
  contest, either directly or indirectly, the decision or act, provision, or decision
  of the panel in any proceeding, including any proceeding brought to enforce this chapter. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 255 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 261, (Adj. Sess.), § 8, 1993, No. 232 (Adj. Sess.), § 49, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 107; 2009, No. 154 (Adj. Sess.), § 236.)