                                  State of Vermont
                       Superior Court—Environmental Division
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                      ENTRY REGARDING MOTION
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Town of Berlin vs. Magoon                                             Docket No. 72-6-12 Vtec

Title: Motion for Default Judgment (Filing No. 1)
Filed: October 19, 2012
Filed By: Plaintiff Town of Berlin
Response: None

  X Granted                             Denied                    Other
      Based upon a Motion for Entry of Default and Supporting Affidavit filed on behalf of the
Town of Berlin (Plaintiff), the Court finds:
         1. Lilian Magoon (Defendant) was properly served with the Complaint in this matter.
         2. Following service, Defendant failed to enter her appearance either pro se or through
            counsel, and she failed to answer or file any responsive pleading.

         3. The Plaintiff’s factual allegations are, therefore, treated as admitted and we conclude that
            the Plaintiff has made sufficient allegations showing it is entitled to judgment.
         Based upon the foregoing, it is hereby ORDERED:
         1. Plaintiff’s Motion for Default Judgment is GRANTED.
         2. Judgment is entered in favor of Plaintiff and against Defendant as follows:
                  a. The Court finds that Defendant has violated the Zoning Regulations of the Town of
                     Berlin, specifically Section 4.02(E) regarding the storage of uninspected motor
                     vehicles and Section 1.03(B) by constructing building additions without obtaining a
                     zoning permit.
                  b. Defendant is ordered to remove all uninspected vehicles from the front yard of the
                     subject property and place them in an enclosed building or in a side or rear yard
                     screened from view from the public road, or entirely remove the vehicles from the
                     property.
                  c. Defendant is further ordered to take steps to either obtain all necessary permitting
                     for the building additions or remove all building additions.
         3. With respect to Plaintiff’s request for penalties, Plaintiff is directed to file with the Court
            on or before Friday, November 16, 2012, an affidavit or other evidentiary support showing
            the amount of penalty being requested, how it is established, and an offer of why the
            penalty is fair and reasonable. In the absence of this filing, the Court will hold an
            evidentiary hearing on the potential penalty.

_________________________________________                               November 2, 2012
       Thomas G. Walsh, Judge                                               Date
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Date copies sent to: ____________                                    Clerk's Initials _______
Copies sent to:
  Stephen L. Cusick, Attorney for Plaintiff Town of Berlin
  Lilian Magoon, Defendant
