City of Burlington v. Central Vermont Railway Co.
Supreme Court of Vermont
Appeal by the defendant from proceedings by the city of Burlington to acquire by the right of eminent domain certain lands and premises for the construction of a public wharf. Heard on defendant’s motion to dismiss the proceedings, at the March Term, 1908, Chittenden County, Haselton, J., presiding. Motion overruled, to which the defendant excepted. The opinion states the case.
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Appeal by the defendant from proceedings by the city of Burlington to acquire by the right of eminent domain certain lands and premises for the construction of a public wharf. Heard on defendant’s motion to dismiss the proceedings, at the March Term, 1908, Chittenden County, Haselton, J., presiding. Motion overruled, to which the defendant excepted. The opinion states the case. “But powers or franchises of an extraordinary or non-municipal nature may be, and sometimes are conferred upon municipalities, such as are frequently conferred upon individuals or private corporations. Thus, for…
1Opinion of the CourtRowell, C. J.
This is an appeal from proceedings by the city of Burlington to acquire by the right of eminent domain certain lands and premises on the shore of Lake Champlain belonging to the defendants, for the purpose of a public wharf. The proceedings are under No. 262, Acts of 1906, which purports to authorize the city, as the convenience of the inhabitants and the public good may require, to construct and maintain upon the shores of said lake within the limits of said city or in the waters of said lake adjacent thereto, a public wharf, and to keep the approaches thereof at all times in a proper and…
2Cases cited4 opinions
- Town of Bennington v. ParkSupreme Court of Vermont · 1877
- State v. StimpsonSupreme Court of Vermont · 1905
- Stearns v. City of BarreSupreme Court of Vermont · 1901
- In re MarronSupreme Court of Vermont · 1887
3Cited by13 opinions
- Vermont Home Mortgage Credit Agency v. Montpelier National BankSupreme Court of Vermont · 1970
- Vermont Educational Buildings Financing Agency v. MannSupreme Court of Vermont · 1968
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Hartness v. BlackSupreme Court of Vermont · 1921
- Town of New Haven v. WestonSupreme Court of Vermont · 1913
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