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TOWN OF BRATTLEBORO v. GARFIELD

Nos. 05-274, 05-314.

904 A.2d 1157 (2006)

2006 VT 56

TOWN OF BRATTLEBORO v. Audrey GARFIELD, Patricia DeAngelo, et al. Steven K-Brooks v. Town of Brattleboro, et al.

Supreme Court of Vermont.

June 16, 2006.

Attorney(s) appearing for the Case

Robert M. Fisher of Fisher & Fisher Law Office, Brattleboro, and Jodi French, Law Clerk (on the brief), West Dummerston, for Plaintiff-Appellee Town of Brattleboro (05-274) and Defendants-Appellees Town of Brattleboro, et al. (05-314).

Steven K-Brooks, pro se, Brattleboro, Plaintiff-Appellant K-Brooks (05-314).

Paul S. Gillies of Tarrant, Marks & Gillies, Montpelier, for Defendants-Appellants Garfield, DeAngelo, et al. (05-274).

Brian P. Monaghan, Montpelier, for amicus curiae Vermont League of Cities and Towns (05-274).

Present: REIBER, C.J., and JOHNSON and BURGESS, JJ., and GIBSON, J. (Ret.) and COOK, D.J. (Ret.), Specially Assigned.

REIBER, C.J.

¶ 1. This consolidated appeal arose out of a dispute regarding the proper way to fill a single vacancy on the Town of Brattleboro selectboard. Appellants are various Brattleboro citizens who argue that the law provides for a special election. Appellee, Town of Brattleboro, argues that the remaining board members must fill the vacancy by appointment. On cross-motions for summary judgment, the Windham Superior Court concluded that the law requires...

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