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MIKELL v. TOWN OF WILLISTON

No. 87-70.

285 A.2d 713 (1971)

William E. MIKELL and Sara U. Mikell et al. v. TOWN OF WILLISTON et al., and Town of Franklin et al.

Supreme Court of Vermont, Chittenden.

December 9, 1971.

Attorney(s) appearing for the Case

William E. Mikell, Burlington, and George T. Costes, St. Albans, for plaintiffs.

Black & Plante, White River Junction, and Webber & Costello, Rutland, for the Trustees of the Diocese of Vermont.

Yandell & Page, Burlington, for the Towns of Williston and Franklin and their respective officers.

James M. Jeffords, Atty. Gen., and William T. Keefe, Asst. Atty. Gen., for the State.

Before SHANGRAW, BARNEY, SMITH and KEYSER, JJ., and LARROW, Superior Judge.

BARNEY, Justice.

This litigation has two aspects, both dealing with that unusual Vermont institution, the so-called "lease-lands". At issue is the constitutionality of assigning rental income from such lands to concededly religious purposes.

Professor Walter T. Bogart's definitive study of this form of land holding, "The Vermont Lease Lands", published in 1950 by the Vermont Historical Society, is an invaluable background source for a full understanding of...

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