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WEST v. VILLAGE OF MORRISVILLE

No. 538, Docket 83-7617.

728 F.2d 130 (1984)

Edith WEST, Appellant, v. VILLAGE OF MORRISVILLE and Robert Bourne, Richard Hill, Dayton Wakefield, Howard Morse, Bruno Laoti, individually and collectively as its Water and Light Commissioners, and Richard Sargent, Mary Kuntsman, Duane Sprague, Andrew Jensvold, Richard Shanley, individually and collectively as its Board of Trustees, and Robert Page, its Water and Light Superintendent, and William Pickens, its Water and Light Assistant Superintendent, and C.R. Whittier, its Agent and Tax Collector, Appellees.

United States Court of Appeals, Second Circuit.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Gary H. Barnes, South Burlington, Vt. (Downs, Rachlin & Martin, South Burlington, Vt., of counsel), for appellant.

Anthony B. Lamb, Burlington, Vt. (Paul, Frank & Collins, Inc., Burlington, Vt., of counsel), for appellees.

Before FEINBERG, Chief Judge, and OAKES and PIERCE, Circuit Judges.

OAKES, Circuit Judge:

This novel case involves a small amount of money but notable questions of constitutional principle, including questions of substantive and procedural due process, as well as the clash of the takings clause of the Fifth Amendment with the police power, an area at the cutting edge of constitutional analysis today.1 At the same time those constitutional issues may not be reached if certain questions of state law on which...

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