Crawford v. Town of Rutland
Supreme Court of Vermont
This was a petition to the County Court under s. 44, c. 24, Gen. Sts. for the laying out of a highway in the town of Rutland. The petition alleged the making of a prior petition to the selectmen, and neglect and refusal on their part to grant the prayer thereof. The petitionee pleaded that the prior petition was still being considered in good faith, and that the selectmen had not neglected and refused as alleged.
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This was a petition to the County Court under s. 44, c. 24, Gen. Sts. for the laying out of a highway in the town of Rutland. The petition alleged the making of a prior petition to the selectmen, and neglect and refusal on their part to grant the prayer thereof. The petitionee pleaded that the prior petition was still being considered in good faith, and that the selectmen had not neglected and refused as alleged. The petitioners moved to “ strike the plea from the docket”, and the court, Rice, Assistant J., presiding, at the September Term, 1879, sustained the motion, and made the order moved…
1Opinion of the Court
*413The opinion of the court was delivered by
Powers J.
Section 19, c. 24, Gen. Sts., provides that any three or more freeholders desiring to have a highway in the town of their residence laid out, altered, or discontinued, may prefer their petition tc the selectmen, and thereupon the selectmen shall give notice to parties interested, and proceed to a hearing upon the merits of the petition. Section 20 directs the selectmen, after hearing and deciding upon the petition, to return the same with their doings in writing, stating the manner of notice and their decision, to the town clerk’s office,…
2Cited by1 opinion
- Dunn v. Town of PownalSupreme Court of Vermont · 1893