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GADE v. CHITTENDEN SOLID WASTE DIST.

No. 08-462.

989 A.2d 491 (2009)

2009 VT 107

Christopher GADE and Tere Gade, et al. v. CHITTENDEN SOLID WASTE DISTRICT and Town of Williston.

Supreme Court of Vermont.

November 13, 2009.

Attorney(s) appearing for the Case

Mark L. Sperry and Erin Miller Heins of Langrock Sperry & Wool, LLP, Burlington, for Plaintiffs-Appellants.

Jon Anderson and David W. Rugh of Burak Anderson & Melloni, PLC, Burlington, for Defendant-Appellee Chittenden Solid Waste District.

Paul S. Gillies and Daniel P. Richardson of Tarrant, Marks & Gillies, Montpelier, for Defendant-Appellee Town of Williston.

Present: REIBER, C.J., JOHNSON, SKOGLUND and BURGESS, JJ., and TEACHOUT, Supr. J., Specially Assigned.

¶ 1. JOHNSON, J.

A group of homeowners residing in the Town of Williston filed a complaint in Chittenden Superior Court, alleging that the Town's agreement with Chittenden Solid Waste District for the siting, construction, and operation of a solid waste disposal facility in the Town was an ultra vires delegation of municipal authority. Homeowners appeal the superior court's decision upholding the agreement. We affirm.

¶ 2. In 1977, the Legislature...

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