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IN RE CHITTENDEN SOLID WASTE DIST.

No. 2005-217.

928 A.2d 1183 (2007)

2007 VT 28

In re CHITTENDEN SOLID WASTE DISTRICT.

Supreme Court of Vermont.

Motion for Reargument Denied June 22, 2007.

Attorney(s) appearing for the Case

Michael L. Burak and W. Scott Fewell of Burak Anderson & Melloni, PLC, and Joseph E. Frank of Paul Frank & Collins, P.C., Burlington, for Plaintiff-Appellee.

Robert F. O'Neill, Norman Williams and Megan J. Shafritz of Gravel and Shea, Burlington, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

DOOLEY, J.

¶ 1. Hinesburg Sand & Gravel Company, Inc. (HS & G) appeals from an amended judgment of $4 million in damages for the condemnation of its sand pit by Chittenden Solid Waste District (the District) to create a solid waste landfill. Following a jury verdict, the Chittenden Superior Court granted the District's motion for judgment as a matter of law pursuant to V.R.C.P. 50(b). The court ruled that HS & G suffered no compensable business loss...

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