AGENCY OF ENVIRONMENTAL CONSER. v. CASELLA

No. 82-064.

457 A.2d 633 (1983)

AGENCY OF ENVIRONMENTAL CONSERVATION v. Raymond CASELLA and Thurley Casella.

Supreme Court of Vermont.

February 7, 1983.


Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen., and Zander B. Rubin and Merideth Wright, Asst. Attys. Gen., Montpelier, for plaintiff-appellee.

Robert A. Bloomer, Rutland, for defendants-appellants.

Before BARNEY, C.J., BILLINGS, HILL and UNDERWOOD, JJ., and DALEY, J. (Ret.), Specially Assigned.


BARNEY, Chief Justice.

The defendants-appellants in this case are actually in the posture of plaintiffs, since the only appeal before us is from the dismissal of the defendants' counterclaim. That action is a claim for damages against the State of Vermont for closing down the landfill of the defendants, an operation from which they derived income. The lower court dismissed the counterclaim on the basis of sovereign immunity of the State of Vermont.

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