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HAMILTON v. TOWN OF HOLLAND

No. 06-234.

950 A.2d 1183 (2007)

2007 VT 133

John Robert HAMILTON v. TOWN OF HOLLAND, Town of Holland Selectboard, Holland Tree Warden, et al.

Supreme Court of Vermont.

Motion for Reargument Denied March 3, 2008.

Attorney(s) appearing for the Case

Beth A. Danon of Blackwood & Danon, P.C., Burlington, for Plaintiff-Appellee/Cross-Appellant.

Paul S. Gillies and Daniel Richardson of Tarrant, Marks & Gillies, Montpelier, for Defendants-Appellants/Cross-Appellees.

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

¶ 1. SKOGLUND, J.

This is the second appeal arising out of road work that the Town of Holland undertook on Lackey Road, a one mile long, Class 3, dirt road. Landowner John Robert Hamilton objected to the work itself and the manner in which it was authorized. In the first appeal, this Court reversed a grant of summary judgment in favor of the Town. At the subsequent trial in superior court, landowner received $1.00 in nominal damages and $15,000.00 in attorney...

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