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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 32, § 4404 (2026)

✓ current as of May 2026
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Subchapter 001 : TO BOARD OF CIVIL AUTHORITY

(Cite as: 32 V.S.A. § 4404)
Notes of Decisions
Cited in 53 cases (2 in the last 5 years), 1970–2026 · leading case: Hojaboom v. Town of Swanton, 442 A.2d 1301 (Vt. 1982).
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Hojaboom v. Town of Swanton, 442 A.2d 1301 (Vt. 1982). · cites it 11× “32 V.S.A. § 4404(a). It was at this point in the proceedings that the present controversy developed.”
Bargman v. Brewer, 454 A.2d 1253 (Vt. 1983). · cites it 8× “12(b)(6), and that plaintiffs had an adequate statutory remedy under 32 V.S.A. § 4404 et seq. The trial court agreed and granted defendants’ motion to dismiss.”
Harris v. Town of Waltham, 613 A.2d 696 (Vt. 1992). · cites it 5× “Taxpayers raise two issues here: (1) the BCA failed to state the reasons for its decision as required by 32 V.S.A. § 4404(c) and therefore the value should remain at 1988 levels; and (2) the Board's findings on the fair market values of taxpayers' property and the comparable…”
Alexander v. Town of Barton, 565 A.2d 1294 (Vt. 1989). · cites it 3× “Issues The Town makes four arguments on appeal: (1) the Board lacked jurisdiction to rule on the constitutionality of the method used by the Town to reappraise property; (2) the Board erred in failing to dispose of this case before reaching the question of the constitutionality…”
Barrett v. Town of Warren, 2005 VT 107 (Vt. 2005). · cites it 2× “32 V.S.A. § 4404. The BCA denied taxpayer's appeal, finding that the listers properly relied on comparable sales in establishing an estimated fair market value for his property.”
Punderson v. Town of Chittenden, 388 A.2d 373 (Vt. 1978). · cites it 3× “Appellants then filed an appeal with the Rutland Superior Court, claiming in substance that these appraisals exceeded fair market value, and that the Town had not complied with the procedural requirements of 32 V.S.A. § 4404(c). A motion to dismiss the § 4404(c) claim, filed by…”
Vermont Coll. of Fine Arts v. City of Montpelier, 2017 VT 12 (Vt. 2017). “VCFA contends that the BCA's statutory authority is limited to appraisal value, but 32 V.S.A. § 4404(c) notes that the BCA "thereafter shall hear and determine such appeals until all questions and objections are heard and decided.”
City of Rutland v. McDonald's Corp., 503 A.2d 1138 (Vt. 1985). · cites it 2× “The holding in Punderson was expressly confined to the narrow issue of the board of civil authority’s failure to comply with procedures set forth in 32 V.S.A. § 4404(c). Punderson, supra, 136 Vt.”
Spears v. Town of Enosburg, 571 A.2d 604 (Vt. 1989). · cites it 3× “Previous cases construing 32 V.S.A. § 4404 note that the Court “‘should not construe words to have a different meaning than their plain and ordinary one.”
Garbitelli v. Town of Brookfield, 2009 VT 109 (Vt. 2009). · cites it 3× “32 V.S.A. § 4404(a). A hearing is then held before the BCA.”
City of Winooski v. Barnes, 451 A.2d 1140 (Vt. 1982). · cites it 4× “Subsection (c) of 32 V.S.A. § 4404 imposes several obligations on municipal boards of civil authority.”
Jackson Gore Inn, Adams House v. Town of Ludlow, 2020 VT 11 (Vt. 2020). · cites it 2× “32 V.S.A. § 4404. When this appeals process “has been finally determined,” the selectboard and town listers “endorse a certificate to that effect upon the grand list,” and the town clerk attests to the same with the date of such attestation.”
Show all 53 citing cases →
— Vt. Stat. Ann. tit. 32, § 4404(a) — 8 cases
Murdoch v. Town of Shelburne, 939 A.2d 458 (Vt. 2007).
Alexander v. Town of Barton, 565 A.2d 1294 (Vt. 1989). “Issues The Town makes four arguments on appeal: (1) the Board lacked jurisdiction to rule on the constitutionality of the method used by the Town to reappraise property; (2) the Board erred in failing to dispose of this case before reaching the question of the constitutionality…”
Zurn v. City of St. Albans, 2009 VT 85 (Vt. 2009).
Jackson Gore Inn, Adams House v. Town of Ludlow, 2020 VT 11 (Vt. 2020). “32 V.S.A. § 4404. When this appeals process “has been finally determined,” the selectboard and town listers “endorse a certificate to that effect upon the grand list,” and the town clerk attests to the same with the date of such attestation.”
Hojaboom v. Town of Swanton, 442 A.2d 1301 (Vt. 1982). “32 V.S.A. § 4404(a). It was at this point in the proceedings that the present controversy developed.”
— Vt. Stat. Ann. tit. 32, § 4404(b) — 2 cases
Hojaboom v. Town of Swanton, 442 A.2d 1301 (Vt. 1982). “32 V.S.A. § 4404(a). It was at this point in the proceedings that the present controversy developed.”
Miller v. Town of West Windsor, 704 A.2d 1170 (Vt. 1997).
— Vt. Stat. Ann. tit. 32, § 4404(c) — 18 cases
Hojaboom v. Town of Swanton, 442 A.2d 1301 (Vt. 1982). “32 V.S.A. § 4404(a). It was at this point in the proceedings that the present controversy developed.”
Harris v. Town of Waltham, 613 A.2d 696 (Vt. 1992). “Taxpayers raise two issues here: (1) the BCA failed to state the reasons for its decision as required by 32 V.S.A. § 4404(c) and therefore the value should remain at 1988 levels; and (2) the Board's findings on the fair market values of taxpayers' property and the comparable…”
Punderson v. Town of Chittenden, 388 A.2d 373 (Vt. 1978). “Appellants then filed an appeal with the Rutland Superior Court, claiming in substance that these appraisals exceeded fair market value, and that the Town had not complied with the procedural requirements of 32 V.S.A. § 4404(c). A motion to dismiss the § 4404(c) claim, filed by…”
Vermont Coll. of Fine Arts v. City of Montpelier, 2017 VT 12 (Vt. 2017). “VCFA contends that the BCA's statutory authority is limited to appraisal value, but 32 V.S.A. § 4404(c) notes that the BCA "thereafter shall hear and determine such appeals until all questions and objections are heard and decided.”
City of Rutland v. McDonald's Corp., 503 A.2d 1138 (Vt. 1985). “The holding in Punderson was expressly confined to the narrow issue of the board of civil authority’s failure to comply with procedures set forth in 32 V.S.A. § 4404(c). Punderson, supra, 136 Vt.”
— Vt. Stat. Ann. tit. 32, § 4404(d) — 1 case
Howard Wilkinson v. Westminster Bd. of Abatement (Vt. 2014).
— Vt. Stat. Ann. tit. 32, § 4404(e) — 1 case
Garbitelli v. Town of Brookfield, 2009 VT 109 (Vt. 2009). “32 V.S.A. § 4404(a). A hearing is then held before the BCA.”
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