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SILVERFINE v. TOWN OF BAKERSFIELD

No. 89-079.

586 A.2d 554 (1990)

Len SILVERFINE v. TOWN OF BAKERSFIELD and Bell-Gates Lumber Company.

Supreme Court of Vermont.

Motion for Reargument Denied January 4, 1991.

Attorney(s) appearing for the Case

Douglas D. DeVries, Enosburg Falls, and Michael Rose, St. Albans, on the brief, for plaintiff-appellant.

David M. Yarnell and Jesse D. Bugbee of Kissane, Yarnell & Cronin, St. Albans, and Philip J. Fitzpatrick, Jeffersonville, for defendant-appellee Bell-Gates Lumber Co.

Brown, Cahill, Gawne & Miller, St. Albans, for defendant-appellee Town of Bakersfield.

Jeffrey L. Amestoy, Atty. Gen., and Andrew W. MacLean, Asst. Atty. Gen., Montpelier, for defendant-appellee State of Vt.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.

MORSE, Justice.

Plaintiff landowner appeals from the dismissal of his suit, which alleges that his civil rights were violated when defendant Town of Bakersfield, pursuant to an unconstitutional state statute, granted defendant Bell-Gates Lumber Co.'s petition to lay out a right-of-way across his land in order to transport its lumber. We affirm the dismissal of the suit, but on grounds different from those relied on by the trial court.

The parties stipulated...

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