Stearns v. City of Barre
Supreme Court of Vermont
Petition of Annie Stearns and numerous others setting out that the defendant had condemned and appropriated the property of the petitioners for the purpose of a water supply, and that the petitioners were dissatisfied with such taking and with the compensation allowed them as damages.
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Petition of Annie Stearns and numerous others setting out that the defendant had condemned and appropriated the property of the petitioners for the purpose of a water supply, and that the petitioners were dissatisfied with such taking and with the compensation allowed them as damages. The petition prayed that disinterested commissioners be appointed to inquire into the convenience and necessity of the taking and condemnation, and to inquire also as to the damages sustained by the petitioners. The defendant filed a motion to dismiss the petition so far as it related to the taking and…
1Opinion of the CourtMunson, J.
The petition states that the petitioners are dissatisfied with the condemnation and appropriation of their property by the petitionee, and with the amount of compensation allowed; and prays for the appointment of commissioners to inquire as to the necessity, manner and right of such taking, and the damages caused thereby. The petitionee moves to dismiss so much of the petition as relates to the taking, on the ground that the determination of that matter by the city council is final. The petitioners insist that the provision authorizing the condemnation entitles them to the same appeal that is…
2Cases cited13 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Lynch v. ForbesMassachusetts Supreme Judicial Court · 1894
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Milwaukee & St. Paul Railway Co. v. City of FaribaultSupreme Court of Minnesota · 1876
- Eldridge v. SmithSupreme Court of Vermont · 1861
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Appeal of Focht v. Board of SupervisorsSupreme Court of Iowa · 1909
- Minnesota Canal & Power Co. v. Fall Lake Boom Co.Supreme Court of Minnesota · 1894
- Blanchard v. City of BarreSupreme Court of Vermont · 1905
- City of Burlington v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
12 more not listed; retrieve them via the Exa API.