Sagar v. Warren Selectboard

Sagar 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.