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SHERBURNE CORP. v. TOWN OF SHERBURNE

Nos. 83-187 to 83-189.

496 A.2d 175 (1985)

SHERBURNE CORPORATION and State of Vermont v. TOWN OF SHERBURNE. STATE of Vermont v. TOWN OF SHERBURNE. In re TAXATION OF CERTAIN LANDS IN THE CALVIN COOLIDGE STATE FOREST.

Supreme Court of Vermont.

May 3, 1985.

Attorney(s) appearing for the Case

Thomas M. Dowling of Ryan Smith & Carbine, Ltd., Rutland, for plaintiff-appellee Sherburne Corp.

John J. Easton, Jr., Atty. Gen., J. Wallace Malley, Jr., and John H. Chase, Asst. Attys. Gen., and Michael D. Donovan, Law Clerk (On the Brief), Montpelier, for plaintiff-appellee State.

Mark L. Sperry and James W. Swift of Langrock Sperry Parker & Wool, Middlebury, for defendant-appellant.

Before ALLEN, C.J., HILL, UNDERWOOD and GIBSON, JJ., and DALEY, J. (Ret.), Specially Assigned.

ALLEN, Chief Justice.

This appeal presents the issue of whether land and improvements located in the Town of Sherburne (the Town) owned by the State of Vermont and leased to the Sherburne Corporation (the Corporation) may be taxed by the Town.

On November 10, 1960, the Corporation entered into an agreement with the State for the lease of approximately 2115 acres of state forest land located within the Town. The purpose of the lease was to permit the development...

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