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TRANSCANADA HYDRO NE v. TOWN OF NEWBURY

No. 16-061.

180 A.3d 843 (2017)

2017 VT 117

TRANSCANADA HYDRO NORTHEAST, INC. v. TOWN OF NEWBURY, State of Vermont.

Supreme Court of Vermont.

December 8, 2017.

Motion for Reargument Denied February 1, 2018.

Attorney(s) appearing for the Case

Robert E. Woolmington of Witten, Woolmington, Campbell & Bernal, P.C., Manchester Center, for Plaintiff-Appellant.

William H. Sorrell , Attorney General, William E. Griffin , Chief Assistant Attorney General, and Mary L. Bachman , Assistant Attorney General, Montpelier, for Defendant-Appellee State.

Jon T. Anderson of Burak Anderson & Melloni, PLC, Burlington, for Defendant-Appellee Town of Newbury.

PRESENT: Reiber, C.J., Dooley, Skoglund, Robinson and Eaton, JJ.

¶ 1. Taxpayer TransCanada Hydro appeals a decision of the Orange County Superior Court valuing flow easements that taxpayer owns over land in the Town of Newbury at $1,532,211 for property tax purposes. Taxpayer owns and operates the Wilder Dam on the Connecticut River in Hartford, Vermont, downstream from Newbury, and the flow easements...

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