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TIMMS v. STATE

No. 89-80.

428 A.2d 1125 (1981)

Percy A. TIMMS and Linda C. Timms v. STATE of Vermont.

Supreme Court of Vermont.

February 10, 1981.

Attorney(s) appearing for the Case

Montgomery L. Moore, Island Pond, for plaintiffs.

M. Jerome Diamond, Atty. Gen., and Richard M. Finn, Asst. Atty. Gen., Montpelier, for defendant.

Before BARNEY, C. J., LARROW, BILLINGS and HILL, JJ., and SHANGRAW, C. J. (Ret.), Specially Assigned.

PER CURIAM.

The facts in this case are stipulated. The plaintiffs complain, and the State acknowledges, that the necessary use of salt from time to time to de-ice Route 114 in Island Pond has rendered the plaintiffs' adjoining well unfit for use. Both sides agree that the application of the salt was not negligent. The damages are stipulated at $2500.

The State claims justification based on the police power. However, "the police power is not limitless, even...

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