ROMAN CATHOLIC, ETC. v. CITY OF WINOOSKI, ETC.

No. 8-79.

408 A.2d 649 (1979)

The ROMAN CATHOLIC DIOCESE OF VERMONT, INC. v. CITY OF WINOOSKI HOUSING AUTHORITY.

Supreme Court of Vermont.

October 17, 1979.


Attorney(s) appearing for the Case

J. William O'Brien and Paul R. Morwood, Burlington, for plaintiff.

Gilbert Myers, Essex Junction, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


BARNEY, Chief Justice.

This is an interlocutory appeal raising the issue of sovereign immunity. The question arose out of the denial of a motion for summary judgment, treated by the trial court as a motion to dismiss, made by the defendant City of Winooski Housing Authority. The motion did not involve any of the other defendants.

Since this is a ruling based on V.R.C.P. 56, the matter is to be reviewed on the basis of the pleadings, affidavits and associated...

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