Legal Opinion

City of Burlington v. Fairpoint Communications, Inc.

Supreme Court of Vermont

Decided May 29, 2009No. 2008-019PublishedCited by 115 opinions

1Opinion of the CourtReiber, C.J.

¶ 1. The Telephone Operating Company of Vermont, LLC, 1 appeals from the superior court’s order granting summary judgment to the City of Burlington in this cost-allocation dispute. We hold that the city charter and an ordinance enacted pursuant to the charter gave the City the power to impose relocation costs on the utility, and therefore affirm.

¶2. The pertinent facts were set out in a joint statement of stipulated facts. The City, beginning in 2004 and 2005, undertook roadway reconstruction projects on North Street and Riverside Avenue. North Street is a “Neighborhood Activity Center” as…

2Cases cited8 opinions

  1. Toys, Inc. v. F.M. Burlington Co.Supreme Court of Vermont · 1990
  2. Our Lady of Ephesus House of Prayer, Inc. v. Town of JamaicaSupreme Court of Vermont · 2005
  3. Larkin v. City of BurlingtonSupreme Court of Vermont · 2001
  4. Bixler v. BullardSupreme Court of Vermont · 2001
  5. Town of Brattleboro v. GarfieldSupreme Court of Vermont · 2006

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3Cited by115 opinions

  1. In re Beliveau NOV, Town of Fairfax v. BeliveauSupreme Court of Vermont · 2013
  2. Handverger v. City of WinooskiSupreme Court of Vermont · 2011
  3. In re Petition of GMPSolar-Richmond, LLC (Allco Renewable Energy Limited, Appellant)Supreme Court of Vermont · 2017
  4. In re Investigation Into Solarcity Corp.Supreme Court of Vermont · 2019
  5. Salisbury AD 1, LLC v. Town of SalisburySupreme Court of Vermont · 2025

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