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HILLERBY v. TOWN OF COLCHESTER

No. 96-243.

706 A.2d 446 (1997)

Donald HILLERBY v. TOWN OF COLCHESTER.

Supreme Court of Vermont.

November 26, 1997.

Attorney(s) appearing for the Case

Richard R. Goldsborough and Corinne P. Wadhams of Jarvis & Kaplan, Burlington, for plaintiff-appellee.

Richard C. Whittlesey of Roesler, Whittlesey, Meekins & Amidon, Burlington, and Frederick S. Lane III, of Counsel, Winooski, for defendant-appellant.

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

ALLEN, Chief Justice.

The following question has been certified for review by this Court pursuant to V.R.A.P. 5(b): "Whether the traditional governmental/proprietary distinctions in municipal tort immunity law should be replaced with the so-called private-analog test as now employed in state tort claims under 12 V.S.A. § 5601?" Because of the Legislature's approval of the governmental/proprietary distinction and the complex policy issues involved, we hold that...

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