1998 Merideth Wright, J. John R. Barrera, Middlebury, for Plaintiffs-Appellants. J. This appeal is from a decision of the Vermont Environmental Court granting a permit to relocate and modify a non-complying structure, but also ruling that two parcels of land had merged for purposes of zoning regulation. Appellants Welland and Esther Horn are the former owners of all of the land in issue. Also appealing the decision are J. Lee and Susan Baker, the current owners of the smaller, one-acre parcel. The larger, fourteen-acre parcel is now owned only by J. Lee Baker, although both he and his wife Susan reside on that parcel.
Appellants appeal only from the merger decision.
We dismiss the appeal because it seeks an advisory opinion. The one-acre parcel was conveyed back to the Horns in 1971. In 1993, the Horns conveyed the fourteen-acre parcel to J. Lee Baker, who built a house on it. In 1996, the Horns conveyed the one-acre parcel to the Bakers, as tenants by the entireties, retaining a life estate for Welland Horn. In 1971, the Town of Goshen adopted a zoning ordinance which requires that residential lots be a minimum of ten acres in area in the district where the land lies.