MAGOON v. BOARD OF CIVIL AUTHORITY

No. 406-80.

442 A.2d 1276 (1982)

Robert A. MAGOON and Adeline M. Magoon; and State of Vermont v. BOARD OF CIVIL AUTHORITY OF the TOWN OF JOHNSON.

Supreme Court of Vermont.

February 2, 1982.


Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen., and J. Wallace Malley, Jr., Asst. Atty. Gen., Montpelier, for intervenor.

Sargent & White, Morrisville, for defendant.

Before BILLINGS, HILL and UNDERWOOD, JJ., and DALEY and LARROW, JJ. (Ret.), Specially Assigned.


BILLINGS, Justice.

In 1979 plaintiffs-appellees Robert and Adeline Magoon conveyed to the intervenor State of Vermont a parcel of land consisting of 156 acres, more or less. The conveyance reserved to the Magoons for a term of forty years the exclusive use and control of forty-five acres of the parcel on which was situated a cottage and pond. In 1979 and 1980 defendant-appellee Town of Johnson assessed the forty-five acre parcel with pond and cottage to the Magoons...

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