In Re Town Highway No. 20

Dooley, J.,

¶ 82. concurring and dissenting. In this case, we are asked to decide whether the Common Benefits Clause, Vt. Const, ch. I, art. 7, is self-executing and under the facts presented entitles Rhodes to bring a claim for money damages. The majority answers both questions affirmatively, concluding that the selectboard’s actions unconstitutionally discriminated against Rhodes and remands for a damages award. I wholly concur that Article 7 is a self-executing provision and that a plaintiff disparately treated by a government official motivated by personal ill will may recover monetary…