STATE TRANSP. BD. v. MAY

No. 265-78.

403 A.2d 267 (1979)

STATE TRANSPORTATION BOARD v. Olive M. MAY et al.

Supreme Court of Vermont.

June 5, 1979.


Attorney(s) appearing for the Case

M. Jerome Diamond, Atty. Gen., and Robert C. Schwartz and Thomas A. McCormick, Asst. Attys. Gen., Montpelier, for petitioner.

French & Zwicker and Edward A. John, Brattleboro, for respondents.

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


DALEY, Justice.

The plaintiff appeals from a decision dismissing its petition to condemn approximately one acre of land in the Town of Wilmington for the purpose of relocating, widening, and improving Route 100. Hearings were held in accordance with the provisions of 19 V.S.A. § 227(a) by a statutory tribunal consisting of a superior judge and the two assistant judges of the Windham Superior Court. Under this section, the tribunal referred to in the statute as...

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