Vermont Electric Cooperative, Inc. v. Massachusetts Municipal Wholesale Electric Co.

Plaintiff Vermont Electric Cooperative (VEC) seeks restitution of $92,508.30 in payments made to defendant Massachusetts Municipal Wholesale Electric Company (MMWEC) under a power sales agreement that was subsequently declared void ab initio in Vermont Department of Public Service v. Massachusetts Municipal Wholesale Electric Co., 151 Vt. 73, 558 A.2d 215 (1988), cert. denied, 493 U.S. 872 (1989) (hereinafter VDPS). The trial court granted defendant’s motion for summary judgment, holding that the action was barred by the six-year statute of limitations for civil actions, 12 V.S.A. § 511. We…