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MOREAN-USHER v. TOWN OF WHITINGHAM

No. 90-545.

610 A.2d 1108 (1992)

Jeanne MOREAN-USHER, Kirk Usher, Henry Millett, Carol Millett, Bob Kelley, Marcia Kelley, Howard Powell, Gladys Powell v. TOWN OF WHITINGHAM.

Supreme Court of Vermont.

May 1, 1992.

Attorney(s) appearing for the Case

Holly Ernst Groschner of Downs Rachlin & Martin, St. Johnsbury, for plaintiffs-appellees.

Richard M. Gale and Robert M. Fisher, Law Clerk (On the Brief), of Gale, Gale & Corum, Brattleboro, for defendant-appellant.

Jeffrey L. Amestoy, Atty. Gen., Ron Shems, Asst. Atty. Gen., and Stephanie Delaney, Law Clerk (On the Brief), Montpelier, for amicus curiae State of Vermont.

Deborah L. Markowitz, Montpelier, for amicus curiae Vermont League of Cities and Towns.

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

ALLEN, Chief Justice.

The Town of Whitingham appeals a superior court order permanently enjoining the Town from spreading sludge on property adjoining plaintiffs' land in the town. We conclude that the court lacked jurisdiction and vacate its order.

The Town's sewage treatment plants create sludge which must be periodically removed to maintain the plants' continued operation. In 1989, the Town applied to the Vermont Agency of Natural Resources for an interim...

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