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WESTOVER v. VILLAGE OF BARTON ELEC. DEPT.

No. 84-452.

543 A.2d 698 (1988)

Joyce WESTOVER, Michael Okuszki and Alvina Okuszki v. VILLAGE OF BARTON ELECTRIC DEPT.

Supreme Court of Vermont.

February 26, 1988.

Attorney(s) appearing for the Case

John Hall, Vermont Legal Aid, Inc., St. Johnsbury, for plaintiffs-appellees.

Dinah Yessne, Montpelier, for plaintiff-appellee Department of Public Service.

May, Davies & Franco, Barton, for defendant-appellant.

Ralph W. Howe III of Paterson, Walke & Pratt, P.C., and McKee, Giuliani & Cleveland, Montpelier, for amici curiae Village of Hardwick Elec. Dept., Village of Morrisville Water & Light Dept., and Vermont League of Cities and Towns.

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

ALLEN, Chief Justice.

Defendant Village of Barton Electric Department (Village) appeals an order of the Public Service Board (Board) that, among other things, enjoins the Village from placing liens on plaintiffs/landlords' real property in its attempts to collect unpaid utility bills of their former tenants. 62 P.U.R. 4th 659. The Board based its injunction on a ruling that the lien provisions of the Village's statutory charter are unconstitutional. We hold that the...

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