Sagar v. Warren Selectboard
Annotate this CaseSagar v. Warren Selectboard (98-190); 170 Vt. 167; 744 A.2d 422 [Filed 24-Nov-1999] NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801 of any errors in order that corrections may be made before this opinion goes to press. No. 98-190 Gary Sagar Supreme Court On Appeal from v. Washington Superior Court Warren Selectboard January Term, 1999 Matthew I. Katz, J. Peter S. Sidel of Sidel & Pikulski, Waitsfield, for Plaintiff-Appellant. Glenn C. Howland of McKee, Giuliani & Cleveland, P.C., Montpelier, for Defendant-Appellee. PRESENT: Amestoy, C.J., Dooley, Morse, Johnson and Skoglund, JJ. DOOLEY, J. Plaintiff Gary Sagar brought suit in the Washington Superior Court, seeking an order directing the selectboard in the Town of Warren to plow a class 2 town highway to a point that would give him year-round access to property he owns on the road. The highway in question is the Lincoln Gap Road, a mountainous roadway that connects Warren with the Town of Lincoln and points west. The superior court entered judgment in favor of the Town, concluding that any decision on whether to plow the road is within the discretionary authority vested by statute in the selectboard. We sustain plaintiff's appeal, vacate the judgment of the superior court and remand for further proceedings.
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