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HANSEN v. TOWN OF CHARLESTON

No. 90-193.

597 A.2d 321 (1991)

David H. HANSEN and Miriam Klein-Hansen, Thomas Jensen v. TOWN OF CHARLESTON.

Supreme Court of Vermont.

August 30, 1991.

Attorney(s) appearing for the Case

James M. Ritvo, Montpelier and Heather R. Wishik, Northfield, for plaintiffs-appellees.

William Boyd Davies and Rachel A. Hexter of May, Davies, Franco & Hexter, Newport, for defendants-appellants.

Glenn C. Howland of McKee, Giuliani & Cleveland, Montpelier, for amicus curiae Vermont League of Cities and Towns.

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

DOOLEY, Justice.

Defendant, Town of Charleston, appeals from an order of the Orleans Superior Court reclassifying a section of Town Highway No. 5 from class 4 to class 3. We affirm.

Approximately twenty persons, including ten children, live in the five full-time residences along the section of Town Highway No. 5 involved in this case. On no other class 4 highway in the Town are there as many permanent residences. The road is

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