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FORTIETH BURLINGTON v. CITY OF BURLINGTON

No. 19-218.

236 A.3d 1236 (2020)

2020 VT 45

FORTIETH BURLINGTON, LLC v. CITY OF BURLINGTON.

Supreme Court of Vermont.

June 19, 2020.

Attorney(s) appearing for the Case

Judith L. Dillon of Lisman Leckerling, P.C., Burlington, for Plaintiff-Appellant.

Jonathan T. Rose and Brian S. Dunkiel of Dunkiel Saunders Elliott Raubvogel & Hand, PLLC, Burlington, for Defendant-Appellee.

PRESENT: Reiber, C.J., Robinson, Eaton and Carroll, JJ., and Wesley, Supr. J. (Ret.), Specially Assigned.

¶ 1. Plaintiff, Fortieth Burlington, LLC, filed an action in the superior court challenging the City of Burlington's decision that there was a reasonable need to lay out a portion of roadway for part of a project known as the Champlain Parkway. The superior court granted the City summary judgment, concluding that Fortieth lacked...

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