Hill v. Town of Sunderland
Supreme Court of Vermont
The appellees were petitioners to the road commissioners for the laying out of a public highway through the town of Sunder-land. The highway was laid out, and cost taxed in favor of the petitioners against the town of Sunderland; and the survey of the road was regurlarly recorded.
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The appellees were petitioners to the road commissioners for the laying out of a public highway through the town of Sunder-land. The highway was laid out, and cost taxed in favor of the petitioners against the town of Sunderland; and the survey of the road was regurlarly recorded. All this was done as early as September, 182S. On the thirtieth of October, 1828, the legislature passed an act, allowing an appeal, in certain cases, from the decisions of the road commissioners ; and one section of the act allowed an appeal from decisions already made, if applied for within ninety days from the…
1Opinion of the CourtHutchinson, C. J.
It is a conceded point, that public highways, so far as regards those interests, which are common to all the citizens, are subject to the control of the legislature, and may be altered or discontinued by force of statutes, from time to time enacted. But the appellees contend, that their individual interests are affected, in this case, and, therefore, that the section in question has an unconstitutional operation upon these interests. The parties, in argument, seem to consider this section necessarily either constitutional and binding, or unconstitutional and void. This view is correct, it…
2Cited by9 opinions
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- State v. Stephanie BerardSupreme Court of Vermont · 2019
- Briggs v. HubbardSupreme Court of Vermont · 1846
- Cutter v. BurroughsSupreme Judicial Court of Maine · 1905
- Lohrstorfer v. LohrstorferMichigan Supreme Court · 1905
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