City of Winooski v. State Highway Board

This appeal presents four questions of law certified by the Chittenden County Court in a highway condemnation proceeding. The questions for review were framed from facts established in a pre-trial order prior to the hearing on the issue of damages.

Prior to August 17, 1961, the plaintiff, City of Winooski, owned forty-nine acres of land which it used in connection with the operation of its municipal water system. The defendant condemned 3.4. acres of this land for highway construction.

The land was taken in fee simple and included 2.3 acres from the. plaintiff’s water shed. The remaining 1.1…