Hinesburg Sand & Gravel Co. v. Town of Hinesburg

Plaintiff is a Vermont corporation with its principal place of business in the Town of Hinesburg, where it sells sand and gravel to the general public. The defendant Town also owns and operates a gravel pit nearby, and sells sand and gravel to corporations, municipalities and the general public, at established posted prices, whether or not the purchasers are residents of the Town. During the period 1972-1975, use from the Town pit for roads in the Town ranged from 10% to 16% of total sales and from $2456.70 to $9,422.20 in dollar volume. Sales to others, conversely, ranged from 84% to 90%,…