Landon v. Village of Rutland
Supreme Court of Vermont
This was a petition for the appointment of commissioners to lay out a highway within the boundaries of the incorporated village of Rutland, in the town of Rutland, the petitioners alleging that application had been made to the trustees of said village agreeably to the provisions of the act of incorporation of the village, as amended by the act approved November 9,1865, (Acts of 1865, No. 141, page 212, section 9,) to lay out and survey the said highway and that said trustees…
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This was a petition for the appointment of commissioners to lay out a highway within the boundaries of the incorporated village of Rutland, in the town of Rutland, the petitioners alleging that application had been made to the trustees of said village agreeably to the provisions of the act of incorporation of the village, as amended by the act approved November 9,1865, (Acts of 1865, No. 141, page 212, section 9,) to lay out and survey the said highway and that said trustees had neglected and refused so to do. On the entry of the petition in the county court, the corporation of the village of…
1Opinion of the Court
The opinion of the court was delirered by
Steele, J.
On the refusal of the Tillage trustees to lay the road, we think it clear that the petitioners had a right to make application to the county court. If the legislature had giTen that court original jurisdiction in the matter, without requiring any preTious proceedings before either trustees or selectmen, the law would have been Talid and not entirely unprecedented. It is therefore no objection to the validity of the act that it requires preTious proceedings before the officers of the village only. The proceedings in the county court should,…
2Cases cited1 opinion
- Town of Bennington v. SmithSupreme Court of Vermont · 1857
3Cited by2 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Mason v. Village of St. AlbansSupreme Court of Vermont · 1896