TOWN OF MILTON v. BRAULT

No. 45-73.

320 A.2d 630 (1974)

TOWN OF MILTON v. Gerald M. BRAULT and Gemma A. Brault.

Supreme Court of Vermont, Chittenden.

Rehearing Denied June 12, 1974.


Attorney(s) appearing for the Case

Stephen S. Blodgett of Latham, Eastman, Schweyer & Tetzlaff, Burlington, for plaintiff.

Burgess & Kilmurry, Montpelier, for defendants.

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


SMITH, Justice.

Injunction damages of $86,411.00 were awarded by the court below to the defendants. The plaintiff town appeals, arguing that a municipality is immune from such liability.

The judicial aspect of the longstanding controversy began in May, 1967, when the Town of Milton obtained a temporary injunction enjoining the defendants from constructing a mobile home park on their, the defendants', land. This injunction, later made permanent in 1969, was...

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