A special assessment under this chapter shall be levied only by vote of a majority
of the qualified voters of the municipality voting at an annual or special meeting
duly warned for that purpose. However, the question need not be submitted to the
voters if all of the owners of record of property to be assessed, or of any interest
therein, other than mortgagees or lien holders, consent in writing to the assessment.
Either the vote or the consent shall include approval of the method of apportionment
of the assessment. (Added 1969, No. 170 (Adj. Sess.), § 10, eff. March 2, 1970.)
Notes of Decisions
Cited in 4
cases, 1988–1992 · leading case: Kirchner v. Giebink, 552 A.2d 372 (Vt. 1988).
Kirchner v. Giebink, 552 A.2d 372 (Vt. 1988). · cites it 5דpetition demanding a special town meeting on the agreement, such a meeting must be held with the result binding the town; (3) the agreement must be approved by the voters of the town because the town charter requires a vote whenever town real estate is purchased or sold; and (4)…”
Handy v. City of Rutland, 598 A.2d 114 (Vt. 1991). “The specific issue was whether the $100 fee constituted a special assessment requiring a town vote, see 24 V.S.A. § 3254, or a sewer disposal charge authorized by § 3615.”
Kirchner v. Giebink, 584 A.2d 1120 (Vt. 1990). “The decision of this Court that apparently resulted in the amendment to the contract was based primarily on 24 V.S.A. § 3254, a state law ground. Kirchner, 150 Vt.”
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treatment. Dots show Syfertize treatment of the citing case itself.