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TOWN OF SHELDON v. CENTRAL VERMONT RY.

No. 201-81.

449 A.2d 976 (1982)

TOWN OF SHELDON v. CENTRAL VERMONT RAILWAY.

Supreme Court of Vermont.

July 15, 1982.

Attorney(s) appearing for the Case

Nicholas L. Hadden of John Kissane Associates, St. Albans, for plaintiff-appellant.

Ralph W. Howe III of Paterson, Walke & Pratt, P. C., Montpelier, for defendant-appellee.

Before BARNEY, C. J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.

UNDERWOOD, Justice.

The Town of Sheldon appeals an order of the Transportation Board which closed off a public railroad crossing on Town Highway 28. Action by the Board resulted from a petition filed in December of 1979 by the defendant, the Central Vermont Railway, Inc., requesting authority to bar vehicular traffic across the railroad tracks at that point.

After two hearings on the issue, the hearing examiner released findings. Among his conclusions was...

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