CITY OF BURLINGTON
v.
FAIRPOINT COMMUNICATIONS, INC.
Supreme Court of Vermont.https://leagle.com/images/logo.png
May 29, 2009.
Motion for Reargument Denied August 19, 2009.
Attorney(s) appearing for the Case
Kenneth A. Schatz, City Attorney, and Brian P. Monaghan of McNeil, Leddy & Sheahan, P.C., Burlington, for Plaintiff-Appellee.
Peter H. Zamore and Debra L. Bouffard of Sheehey Furlong & Behm, P.C., Burlington, and Richard P. Owens, Verizon Legal Department, Boston, MA, for Defendant-Appellant.
Sarah Hofmann, Director for Public Advocacy, Montpelier, for Amicus Curiae Vermont Department of Public Service.
Kenneth C. Picton, Assistant General Counsel, Rutland, for Amicus Curiae Central Vermont Public Service Corporation, and Donald J. Rendall, Jr., General Counsel, Colchester, for Amicus Curiae Green Mountain Power Corporation.
Robert F. O'Neill and Norman Williams of Gravel and Shea, Burlington, for Amicus Curiae Comcast, LLC.
Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.
Supreme Court of Vermont.
REIBER, C.J.
¶ 1. The Telephone Operating Company of Vermont, LLC,1 appeals from the superior court's order granting summary judgment to the City of Burlington in this cost-allocation dispute. We hold that the city charter and an ordinance enacted pursuant to the charter gave the City the power to impose relocation costs on the utility, and therefore affirm.
¶ 2. The pertinent facts were set out in a joint statement of...
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