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GRICE v. VERMONT ELEC. POWER CO., INC.

Nos. 06-352, 06-510.

956 A.2d 561 (2008)

2008 VT 64

Harley GRICE, Individually and as Trustee of the Harley Grice Trust, Wendy Butler, Penny Curler and Heather Grice v. VERMONT ELECTRIC POWER COMPANY, INC. In re Petition of Vermont Electric Power Company, Inc.

Supreme Court of Vermont.

May 16, 2008.

Attorney(s) appearing for the Case

James A. Dumont of Law Office of James A. Dumont, PC, Bristol, for Appellants Grice, et al. (06-352 & 06-510).

Kimberly K. Hayden of Downs Rachlin Martin PLLC, St. Johnsbury, and Joslyn L. Wilschek of Primmer Piper Eggleston & Cramer PC, Montpelier, for Appellees/Cross-Appellants Vermont Electric Power Company, Inc. and Vermont Transco, LLC (06-352 & 06-510).

James H. Porter, III, Montpelier, for Appellee Department of Public Service (06-510).

William H. Sorrell, Attorney General, and Bridget C. Asay, Assistant Attorney General, Montpelier, for Intervenor State of Vermont, Office of the Attorney General (06-352 & 06-510).

David L. Grayck and Evan J. Mulholland of Cheney, Brock & Saudek, P.C., Montpelier, for Amicus Curiae The Meach Cove Real Estate Trust (06-510).

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

REIBER, C.J.

¶ 1. These two related appeals involve a petition by the Vermont Electric Power Company (VELCO) to condemn an easement for an electrical-transmission line across the property of landowners, Harley Grice, individually and as trustee of the Harley Grice Trust, Wendy Butler, Penny Curler and Heather Grice (the Grices). The Public Service Board granted VELCO's petition to condemn a strip of the Grice property, but denied VELCO's request to install excess...

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