                                      State of Vermont
                           Superior Court - Environmental Division

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                  ENTRY REGARDING MOTION
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Town of Fairfax v. Beliveau                                         Docket No. 274-11-08 Vtec

Title: Motion for Enlargement of Time for Compliance (Filing No. 30)
Filed: October 24, 2012
Filed By: Defendant Leon Beliveau
Response filed on 11/8/12 by Plaintiff Town of Fairfax


___ Granted                             X    Denied                                   X    Other

        Defendant was ordered to cease use of his property as a rooming and boarding house
and return the use of the property to that of a single-family dwelling until obtaining a permit
for a change of use. Although Defendant ceased the rooming and boarding use, he has failed
to return the property to a single-family use. This Court’s original order requiring Defendant
to take these actions was issued on October 24, 2011. In response to the Town’s motion for
contempt, on July 24, 2012, this Court renewed its order that Defendant fully comply with the
2011 Order requiring him to return use of the property to that of a single-family dwelling or
obtain Town approval for a change of use of the dwelling. The revised deadline for Defendant
to fully comply was October 24, 2012, one year from the Court’s original order. On October 24,
2012, Defendant filed a motion to extend his compliance deadline from October 24, 2012 to
December 7, 2012.
        Although Defendant has taken steps toward achieving compliance with the Court’s
orders, he has failed to convince this Court that a further time extension is appropriate.
Defendant has filed an application with the Town for a change in use; however, he has not
obtained approval of his application. In the meantime, Defendant has not modified his
non-permitted use of the property, which presents significant safety concerns.
        We thus, pursuant to V.R.C.P. 62(d), DENY the motion for enlargement of time and
ORDER Defendant to pay the Town a fine of $9,200. This sum represents $100 per day from
July 24, 2012 through October 24, 2012, per our July 24, 2012 order. We further impose a fine of
$100 per day from today (November 13, 2012) until Defendant achieves full compliance with the
Court’s Order.
         In our July 24, 2012 order, we noted that “[i]n the unfortunate event that further
contempt actions are necessary due to Defendant not achieving full compliance with the
injunctive order on or before October 24, 2012,” we would reconsider the Town’s requests for
reimbursement of all its costs and fees relating to contempt, which, at the time, we had denied.
Here we reconsider the Town’s request and GRANT the Town’s request for reimbursement of
its costs and fees incurred in prosecuting its motion for contempt relating to this Court’s order,
which was issued more than one year ago.
Town of Fairfax vs. Beliveau, No. 274-11-08 Vtec (E.O. on Mot. for Extension) (11-14-12)          Pg. 2 of 2.




_________________________________________                                         November 14, 2012
       Thomas G. Walsh, Judge                                                          Date
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Date copies sent to: ____________                           Clerk's Initials _______
Copies sent to:
     Attorney John H. Klesch for Plaintiff Town of Fairfax
     Attorney Peter J. McDougall for Defendant Leon Beliveau
