Legal Opinion

In re Vermont Gas Systems, Inc. (William Marks, Nancy Baker, Linda Gage, Rachael Smolker, Melanie Pulley, Stephanie Spencer, and Lawrence Shelton, Appellants)

Supreme Court of Vermont

Decided September 22, 2017No. 2016-396PublishedCited by 3 opinions

1Opinion of the CourtRobinson, J.

¶ 1. This appeal requires us to decide whether land dedicated to a public use may be condemned for another public use when the new use does not materially interfere with the prior use. Intervenors, a group of Hinesburg residents who use Geprags Park, appeal the Public Service Board's order authorizing Vermont Gas Systems, Inc. (VGS) to condemn an easement through the park for the purpose of installing a natural gas pipeline. They argue that the Board erred in authorizing the condemnation in light of the fact that the park was already dedicated to a public use, and in concluding that the…

2Cases cited30 opinions

  1. Burlington Electric Department v. Vermont Department of TaxesSupreme Court of Vermont · 1990
  2. In Re Central Vermont Public Service CorporationSupreme Court of Vermont · 2001
  3. Canyon Regional Water Authority v. Guadalupe-Blanco River AuthorityTexas Supreme Court · 2008
  4. City of Las Cruces v. El Paso Electric Co.New Mexico Supreme Court · 1998
  5. Cemetery Co. v. Warren School TownshipIndiana Supreme Court · 1957

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3Cited by3 opinions

  1. In re Petition of TruConnect Communications, Inc.Supreme Court of Vermont · 2021
  2. 12 CAW Equities v. City of Greenwood VillageColorado Court of Appeals · 2018
  3. In re Vermont Gas Systems, Inc. (William Marks, Nancy Baker, Linda Gage, Rachael Smolker, Melanie Pulley, Stephanie Spencer, and Lawrence Shelton, Appellants)Supreme Court of Vermont · 2017

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