Munson v. City of South Burlington

Plaintiff sued to enjoin the City of South Burlington from using land acquired by eminent domain for a highway project to provide a right-of-way for bicycle paths. The Chittenden Superior Court found that because the City failed to follow the statutory procedure for condemnation of land for a bicycle path, the City’s condemnation of plaintiff’s land for such a path was invalid. The court also ruled that (1) plaintiff was not entitled to equitable relief even though the condemnation was invalid, (2) his property had not been inversely condemned, and (3) he failed to prove a claim as a taxpayer…