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MUNSON v. CITY OF SOUTH BURLINGTON

No. 93-444.

648 A.2d 867 (1994)

Randall G. MUNSON v. CITY OF SOUTH BURLINGTON, Vermont and State of Vermont Agency of Transportation.

Supreme Court of Vermont.

September 2, 1994.

Attorney(s) appearing for the Case

Leslie C. Pratt, South Burlington, for plaintiff-appellant.

Steven F. Stitzel of Stitzel & Page, P.C., Burlington, for defendant-appellee City of South Burlington.

Jeffrey L. Amestoy, Atty. Gen. and Scott A. Whitted, Asst. Atty. Gen., Montpelier, for defendant-appellee State of Vt.

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

JOHNSON, Justice.

Plaintiff sued to enjoin the City of South Burlington from using land acquired by eminent domain for a highway project to provide a right-of-way for bicycle paths. The Chittenden Superior Court found that because the City failed to follow the statutory procedure for condemnation of land for a bicycle path, the City's condemnation of plaintiffs land for such a path was invalid. The court also ruled that (1) plaintiff was not entitled to equitable...

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