CONCERNED VOTERS OF LONDONDERRY v. PROUTY

No. 328-79.

417 A.2d 927 (1980)

CONCERNED VOTERS OF LONDONDERRY, by Bartholomew Caliaro, its President v. Clyde PROUTY, Robert Blaisdell, Harlan K. West, Jr., (Selectmen of the Town of Londonderry); John Waite and Citizens for Pingree Park.

Supreme Court of Vermont.

June 10, 1980.


Attorney(s) appearing for the Case

Miller, Norton & Cleary, Rutland, for plaintiffs.

Kenneth V. Fisher, Jr., Brattleboro, for Town of Londonderry, defendant.

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


PER CURIAM.

This is an appeal from an order of the superior court that denied the plaintiffs a permanent injunction. The injunction would have prevented the defendants from accepting bids for the construction of a park, to be known as "Pingree Park," in the Town of Londonderry.

The facts, as found by the trial court, are substantially as follows. Prior to the 1979 annual town meeting, Londonderry voters were legally warned of a vote on whether "to approve...

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