Franks v. Town of Essex, Rockingham Area Community Land Trust v. Town of Rockingham

Robinson, J.,

¶ 34. dissenting. I agree with the majority’s express central holding that 32 V.S.A. § 3481 does not compel an automatic reduction in property tax valuation for all parcels subject to a housing-subsidy covenant but instead demands an individualized consideration of the effect a particular covenant has on a property’s fair market value. Ante, ¶ 4. But I believe the majority’s focus on whether the statute mandates an automatic reduction from the unrestricted fair market value of a property versus individualized consideration of the effect of a covenant obscures the pivotai issue in…