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HANDY v. CITY OF RUTLAND

No. 88-028.

598 A.2d 114 (1990)

Paul L. HANDY and Catherine M. Handy v. CITY OF RUTLAND and Town of Rutland.

Supreme Court of Vermont.

Mandate Stayed January 31, 1991.

Stay of Mandate Dissolved May 2, 1991.

Attorney(s) appearing for the Case

Allen D. Webster and Mary G. Kirkpatrick of Lisman & Lisman, Burlington, for plaintiffs-appellants.

Henry C. Brislin, City Atty., Rutland, for defendants-appellees.

Before PECK, DOOLEY, JJ., KATZ, Superior Judge, and CONNARN and SPRINGER, District Judges (Ret.), Specially Assigned.

PECK, Justice.

Plaintiffs, owners of a restaurant in the Town of Rutland, appeal from a decision of the superior court declaring that defendant City of Rutland has authority to impose and collect from them a one-time hookup fee for connecting to the City's sewage disposal system. We affirm.

The parties have stipulated to the facts. The City of Rutland owns and operates a sewage disposal facility. In 1973, the City entered into an agreement with the Town of...

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