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ROBES v. TOWN OF HARTFORD

No. 92-098.

636 A.2d 342 (1993)

Peter ROBES, Ash Bullard, Charles Potter, Michael Wood, Roy Hathorn and Fred Davis, v. TOWN OF HARTFORD, et al.

Supreme Court of Vermont.

December 10, 1993.

Attorney(s) appearing for the Case

William D. Cohen of Abell, Kenlan, Schwiebert & Hall, P.C., Rutland, for plaintiffs-appellants.

Peter F. Welch of Welch, Graham and Manby, White River Junction, for defendant-appellee.

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

JOHNSON, Justice.

Plaintiffs, developers of new residential buildings in the Town of Hartford, appeal from the order of the superior court, which held that 24 V.S.A. § 3615, as that statute read in 1986, authorized the Town of Hartford to impose an impact fee on new developments to finance future expansion of the Town's sewage capacity. Defendants appeal the trial court's award of attorney's fees to plaintiffs. We affirm in part and reverse in part.

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