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LESAGE v. TOWN OF COLCHESTER

Nos. 12-196, 12-300, 12-392.

81 A.3d 1142 (2013)

2013 VT 48

Stephanie LESAGE, Mary E. McNeil and Richard Mostrom, Colin McNeil, Daniel and Claudia McNeil, v. TOWN OF COLCHESTER. Mary Jane Marchelewicz v. Town of Colchester. In re Colchester Leased Lands.

Supreme Court of Vermont.

Motion for Reargument In Docket No. 2012-392 Denied As Untimely Filed August 26, 2013.

Attorney(s) appearing for the Case

Ian M. DeGalan and Brian P. Monaghan of Monaghan Safar Dwight PLLC, Burlington, for Appellant Town of Colchester. (2012-196).

Peter and Stephanie Lesage, Pro Se, Colchester, Appellees.

Joseph E. McNeil , Colin K. McNeil and Kevin J. Coyle of McNeil, Leddy & Sheahan, Burlington, for Appellees McNeil/Mostrom, Colin McNeil, Daniel and Claudia McNeil.

James W. Barlow , Vermont League of Cities and Towns, Montpelier, for Amicus Curiae Vermont League of Cities and Towns.

Mark L. Sperry and Michele B. Patton of Langrock Sperry & Wool, LLP, Burlington, for Amicus Curiae Coates Island, LLC.

Brian P. Monaghan and Nicholas T. Stanton of Monaghan Safar Dwight PLLC, Burlington, for Appellant Town of Colchester. (2012-300 & 2012-392).

Liam L. Murphy and Damien J. Leonard of Murphy Sullivan Kronk, Burlington, for Appellees Colchester Leased Lands.

William H. Sorrell , Attorney General, and Mary L. Bachman , Assistant Attorney General, Montpelier, for Amicus Curiae Department of Taxes.

Present: REIBER, C.J., SKOGLUND and BURGESS, JJ., and BENT and GERETY, Supr. JJ., Specially Assigned.

SKOGLUND, J.

¶ 1. The common legal issue in these consolidated cases is whether Vermont law allows the Town of Colchester to consider location-related "intangible" factors in assessing seasonal lakefront camps situated on leased land. We conclude that the Town is not precluded from considering such factors in assessing the subject properties. Accordingly, we reverse the decisions of the superior court and state appraiser reaching the opposite conclusion, and...

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