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VERMONT BOARD OF HEALTH v. TOWN OF WATERBURY

No. 76-70.

274 A.2d 495 (1970)

VERMONT BOARD OF HEALTH v. TOWN OF WATERBURY.

Supreme Court of Vermont, Chittenden.

December 9, 1970.

Attorney(s) appearing for the Case

James M. Jeffords, Atty. Gen., and George E. Rice, Jr., Asst. Atty. Gen., for the Vermont Board of Health.

Adams & Meaker, Waterbury, for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

BARNEY, Justice.

On April 1, 1970, there was fire and smoke at the Waterbury dump. On that day a prohibition against open burning had gone into effect. The legal preliminaries to validate such a ban had been previously carried out, and all municipalities given several weeks notice of the effective date. The authority of the state board of health to promulgate such a regulation was given to it by the legislature in the provisions of the so-called "Air Pollution Control...

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