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PETITION OF BALL MOUNTAIN DAM

No. 88-158.

576 A.2d 124 (1990)

In re Petition of BALL MOUNTAIN DAM HYDROELECTRIC PROJECT.

Supreme Court of Vermont.

April 13, 1990.

Attorney(s) appearing for the Case

Jon S. Readnour of Carroll, George & Pratt, Rutland, for plaintiffs-appellants.

Donald L. Rushford and Morris L. Silver, Rutland, for defendant-appellee CVPS.

James Volz, Montpelier, for defendant-appellee Dept. of Public Service.

Before ALLEN, C.J., PECK, DOOLEY and MORSE, JJ., and SPRINGER, District Judge (Ret.), Specially Assigned.

MORSE, Justice.

Appellants are the towns of Londonderry, Windham, Wardsboro, Newfane and Dummerston. They appeal a decision by the Public Service Board that, as a union municipal district, they do not possess the requisite authority to finance, construct, own and operate a qualifying small power production facility. We affirm the Board's decision.

Appellants propose to establish themselves as a union municipal district under 24 V.S.A. chapter 121 to create...

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