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ROWE v. BROWN

No. 89-500.

599 A.2d 333 (1991)

Michael G. ROWE, Individually and as a Selectman and Citizen of Ludlow, Windsor County, Vermont v. Dean R. BROWN, Jr., Ludlow Town Manager, and Planning Board and/or Board of Adjustment of Ludlow, Vt.; Herbert VanGuilder & Town of Ludlow.

Supreme Court of Vermont.

Motion for Reargument Denied September 13, 1991.

Attorney(s) appearing for the Case

Thomas J. McGovern, Ludlow, for plaintiff-appellant.

Sheilla C. Files of Douglas Richards, P.C., Springfield, for defendants-appellees.

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

PECK, Justice.

Plaintiff appeals from a superior court dismissal of his action for damages pursuant to 42 U.S.C. § 1983, the Vermont Constitution and the Vermont Open Meeting statute, 1 V.S.A. §§ 311-314. Plaintiff alleged that he was injured when defendants improperly excluded him from various municipal meetings in Ludlow. We reverse with respect to plaintiff's § 1983 claim and affirm with respect to all other claims.

The complaint alleged...

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