VT Agency of Transportation v. Mazza

ENTRY_ORDER.93-188; 161 Vt. 565; 632 A.2d 363

[Filed 22-Sep-1993]

                                 ENTRY ORDER

                       SUPREME COURT DOCKET NO. 93-188

                            SEPTEMBER TERM, 1993


 Vermont Agency of Transportation  }          APPEALED FROM:
                                   }
                                   }
      v.                           }          Chittenden Superior Court
                                   }
                                   }
 Samuel and Annette Mazza and      }
 Munson Earth Moving               }          DOCKET NO. S1101-92 CnC


              In the above entitled cause the Clerk will enter:

      Defendant Munson Earth Moving Corporation appeals a necessity
 determination in a proceeding to condemn land for use as a traffic
 interchange to connect the Chittenden County Circumferential Highway to
 Interstate 89 in Colchester.  Defendant argues that plaintiff, the Vermont
 Agency of Transportation, failed to show that construction would be
 commenced within fifteen years from the date of acquisition, as required by
 19 V.S.A. { 502(e).  We affirm.

      The sole evidence on the question came from the project manager of the
 circumferential highway project, who testified: "We are expecting that
 within ten to twelve years factors will be such that it will be built, but
 we have no firm schedule on it."  There was also evidence that another
 section of the highway, in the Town of Essex, was now being constructed.

      The circumferential highway was specifically authorized by the
 Legislature.  See 1985, No. 185 (Adj. Sess.).  The authorization states:
 "The public necessity and convenience continue to require the prompt and
 efficient acquisition of a four lane right-of-way and actual construction of
 a Chittenden County Circumferential Highway . . . ."  Id. { 2(6).  In fact,
 the Legislature specified that all condemnation proceedings involving the
 highway "shall take precedence over all other causes not involving the
 public interest in all courts, to the end that completion of [the highway]
 may be expedited."  19 V.S.A. { 1707; see 1985, No. 185, (Adj. Sess.) {
 6(b) (authorizing condemnation proceedings in accordance with 19 V.S.A. {
 1707).  The Legislature has provided funding for the project only in the
 context of a five-year project development plan and only for specific
 sections of the highway.  See 1993, No. 61, { 7; 1991, No. 35, { 1(b)(6);
 1985, No. 185 (Adj. Sess.) { 7.

      The testimony of the Agency representative was that it intended to
 build the highway section involved within the fifteen-year period, if
 funding was available.  Defendant's complaint of noncompliance must actually
 be leveled at the Legislature, which has failed to provide an absolute

 

 assurance of funding fifteen years hence.  We have held that "primarily, the
 right to declare what shall be deemed a public use is vested in the
 legislature."  Latchis v. State Highway Bd., 120 Vt. 120, 124, 134 A.2d 191,
 194 (1957).  Our primary goal in interpreting statutes is to implement the
 intent of the Legislature.  Trombley v. Bellows Falls Union High School
 Dist. No. 27, ___ Vt. ___, ___, 624 A.2d 857, 863 (1993).  In this case, the
 legislative intent is clear that it desires the Agency to acquire the land
 for the highway on an expedited basis.

      We will not presume that the Legislature is in conflict with its own
 directive.  Statutes relating to the same subject "should be construed
 together and in harmony if possible."  Downtown Rutland Special Tax
 Challengers v. City of Rutland, ___ Vt. ___, ___, 617 A.2d 129, 131 (1992).
 We must assume that the Legislature is aware of its own requirement and, by
 authorizing condemnation proceedings, is committing to provide the necessary
 funding within the fifteen-year period.  That commitment, combined with the
 Agency's intention to build the road segment, is sufficient to comply with
 the statute.

      Affirmed.



                                    BY THE COURT:




                                    Frederic W. Allen, Chief Justice


 [ ]  Publish                       Ernest W. Gibson III, Associate Justice

 [ ]  Do Not Publish
                                    John A. Dooley, Associate Justice


                                    James L. Morse, Associate Justice


                                    Denise R. Johnson, Associate Justice