BURTON v. TOWN OF SALISBURY

No. 99-559, 99-560, 99-561.

790 A.2d 394 (2001)

Robert BURTON v. TOWN OF SALISBURY. George McDonough v. Town of Salisbury. David Sidoti v. Town of Salisbury.

Supreme Court of Vermont.

December 21, 2001.


Attorney(s) appearing for the Case

John F. Evers and Kevin E. Brown of Langrock Sperry & Wool, LLP, Middlebury, for Plaintiffs-Appellants.

Donald R. Powers of Powers, English, Carroll & Ritter, Ltd., Middlebury, for Defendant-Appellee.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


JOHNSON, J.

Taxpayers appeal a decision by the state appraiser ruling that he did not have authority to rule on the constitutionality of an amendment to 32 V.S.A. § 4404(c), and that taxpayers are not entitled to a refund of property taxes paid in the years 1992-1996. The amendment imposed a retroactive change in § 4404(c) that voided a previous order of this Court. We reverse because the legislature's enactment violates the separation of powers mandated...

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