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MOUNTAINVIEW ASS'N v. TOWN OF WILMINGTON

No. 85-381.

523 A.2d 1239 (1987)

MOUNTAINVIEW ASSOCIATION, INC. v. TOWN OF WILMINGTON.

Supreme Court of Vermont.

January 23, 1987.

Attorney(s) appearing for the Case

William M. McCarty and Adam M. Kushner, on the brief, Brattleboro, for plaintiff-appellant.

Robin Stern of Gale, Gale, Barile & Corum, Brattleboro, for defendant-appellee.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.

HILL, Justice.

Taxpayer appeals the dismissal by the Windham Superior Court of an appeal from a decision of the Wilmington Board of Civil Authority. We strike the judgment and remand to allow taxpayer to make proper service.

The sole issue in this appeal is whether the taxpayer's failure to strictly comply with the requirements of 32 V.S.A. § 4461(a) for service of process in tax appeals from the board of civil authority to the superior court

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