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IN RE PETITION NO. 152 BY CENT. VERMONT RY., INC.

No. 86-389.

530 A.2d 579 (1987)

In Re PETITION NO. 152 BY CENTRAL VERMONT RAILWAY, INC., re Maintenance Costs of Flashing Lights at Socalled "Abel's Crossing" in Braintree, VT. Appeal of TOWN OF BRAINTREE.

Supreme Court of Vermont.

June 12, 1987.

Attorney(s) appearing for the Case

Robert H. Opel and Nancy J. Creswell of Paterson, Walke & Pratt, P.C., Montpelier, for plaintiff-appellee.

Peter M. Nowlan, Randolph, and Margaret M. Howland, West Windsor (on brief), for defendant-appellant.

Before ALLEN, C.J., HILL, PECK and GIBSON, JJ., and KEYSER, J. (Retired), Specially Assigned.

HILL, Justice.

This is an appeal by the Town of Braintree from a superior court decision affirming a Transportation Board (Board) order. The Board's order, inter alia, allocated the annual maintenance costs of a flashing signal light at a railroad grade crossing located in Braintree, and known as "Abel's Crossing." We vacate the superior court's order, and remand the matter to the Board because the absence of a final order by the Board deprived the superior court...

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