Supreme Court to hear Shelburne Road challenges
SOUTH ROYALTON, Vt. --The Vermont Supreme Court this week will take up the case of several Shelburne and South Burlington businesses who have sued the state over the construction of a median on Shelburne Road.
The owners of The Christmas Loft, Shelburne Veterinary Hospital, the former Burlington Center for Antiques and an unused portion of land are appealing a Superior Court ruling that dismissed the lawsuits, said their attorney, Liam Murphy.
The business owners want more compensation from the state for the building a median that changed access to their businesses.
The state compensated all property owners whose land was used to widen the road, said Assistant Attorney General Trevor Lewis.
Murphy said the Superior Court was wrong when it ruled that the construction of the median did not involve taking of property.
Murphy said the median work was a central part of the changes in traffic and the enlargement of the road. He said the project represented more than just a conversion of traffic flow.
Lewis said the state has a right to improve roadways and paid for land that was used on the Shelburne Road project.
"Nobody can say the state owes them a particular traffic flow," Lewis said.
The Supreme Court will hear the case Thursday at Vermont Law School.
In a separate but related case, the justices this week will hear arguments from the owners of Goss Dodge on Shelburne Road. They are seeking compensation from the state to cover the redesign of their driveway and parking lot, which was caused by the road construction, Murphy said.
------
Information from: The Burlington Free Press, http://www.burlingtonfreepress.com
