Looker v. City of Rutland

The City of Rutland and the State of Vermont entered into an agreement to straighten, widen, and resurface portions of State Street in Rutland. The agreement provided that if condemnation was necessary, the City would be the condemning authority. The Board of Aldermen of the City of Rutland (Board) held public hearings on the project, inspected the affected lands, and issued an order for the alterations. The plaintiffs objected to the Board’s order, claiming that the Board had no authority to condemn because the city charter gives that authority to a Board of Highway Commissioners. The…