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CHITTENDEN SOLID WASTE DIST. v. HS & G. CO., INC.

No. 97-063.

730 A.2d 614 (1999)

CHITTENDEN SOLID WASTE DISTRICT v. HINESBURG SAND & GRAVEL CO., INC. and Delford & Barbara Janes.

Supreme Court of Vermont.

April 9, 1999.

Attorney(s) appearing for the Case

Brian J. Sullivan and Jon T. Anderson of Burak, Anderson & Melloni, PLC, and Joseph E. Frank of Paul, Frank & Collins, Inc., Burlington, for Plaintiff-Appellee.

Charles T. Shea and Robert F. O'Neill of Gravel and Shea, Burlington, for Defendant-Appellant.

Present AMESTOY, C.J., DOOLEY, MORSE and SKOGLUND, JJ., and ALLEN, C.J.(Ret.), Specially Assigned

MORSE, J.

Hinesburg Sand & Gravel Company, Inc. (HS & G) appeals from a judgment of the Chittenden Superior Court condemning its land in Williston for use as a landfill. HS & G claims that the trial court erred by: (1) not deciding whether a publicly-owned landfill was needed in Chittenden County; (2) considering and imposing a condition on Chittenden Solid Waste District (CSWD) to make sand available to HS & G after condemnation (the "stockpile plan...

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