Town of Richford v. 50 & 60 River St Richford, LLC Decision on Motion ( 2018 )

STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No. 125-9-17 Vtec Town of Richford, plaintiff, v. DECISION ON MOTION 50 & 60 River St. Richford, LLC, defendant. This is a municipal enforcement action brought by the Town of Richford (the Town) alleging that 50 & 60 River St. Richford, LLC (Defendant) is in violation of zoning regulations limiting the storage of junk. The Town is represented by Michael S. Gawne, Esq. The matter is now before the Court on the Town’s motion for default judgment. The Town filed its complaint on September 27, 2017. The registered agent for Defendant signed an acceptance of service of the complaint, summons, and notice of appearance for self-represented litigant on October 3, 2017. Defendant failed to enter an appearance or file an answer to the complaint. On November 9, 2017, the Town filed a motion for default judgment along with an affidavit of non-military service and a certificate of service indicating that the motion had been sent by first class mail to a member of Defendant. Pursuant to V.R.C.P. 55(b)(3), the Town’s motion is GRANTED. We further GRANT the request for injunctive relief set out in the Town’s complaint, and ORDER Defendant to remove all junk and junk vehicles from 60 River Street. This matter will be set for a status conference to discuss options for the Town to present evidence on damages. Electronically signed on January 05, 2018 at 11:10 AM pursuant to V.R.E.F. 7(d). _________________________________________ Thomas G. Walsh, Judge Superior Court, Environmental Division