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CITY OF MONTPELIER v. BARNETT

No. 11-067.

49 A.3d 120 (2012)

2012 VT 32

CITY OF MONTPELIER v. Richard BARNETT, Cedric Sanborn, Leslie Sanborn and Natural Resources Board.

Supreme Court of Vermont.

May 11, 2012.

Attorney(s) appearing for the Case

Glenn C. Howland of McKee, Giuliani & Cleveland, P.C., Montpelier, for Plaintiff-Appellee.

Oreste V. Valsangiacomo, Jr. of Valsangiacomo, Detora & McQuesten, Barre, for Defendants-Appellants.

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

DOOLEY, J.

¶ 1. Defendants appeal from a judgment ruling that the City of Montpelier may prohibit boating, fishing, and swimming in Berlin Pond, a public body of water located outside the City and used as the City's drinking water supply. The City contends that the restrictions are supported by both a state health order and the powers granted to the City by the State. The trial court agreed and issued a permanent injunction preventing defendants from engaging...

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