137 Vt. 252 402 A.2d 1192

City of Winooski v. David Vincent

[402 A.2d 1192]

No. 17-78

Present: Barney, C.J., Daley, Larrow, Billings and Hill, JJ.

Opinion Filed May 22, 1979

McNeil, Murray & Sorrell, Burlington, for Plaintiff.

David W. Downes, Boston, Massachusetts, for Defendant.

Per Curiam.

Although the notice of appeal below was filed with the district court, the attempt is to appeal from the action of the Winooski City Council dismissing appellant as a police officer, pursuant to the findings and conclusions certified to it by the district court.

The findings of the district court are, by statute, final. 24 V.S.A. § 1982(c). Nor is there any statutory provision for an appeal from the action of the City Council. And no right of appeal is conferred by the Administrative Procedure Act, 3 V.S.A. §§ 801-816, because the City Council is not a “state board, commission, department, or officer” (emphasis added) within the meaning of § 801 (1).

There being no statutory authority for the attempted direct appeal, it must be dismissed. City of Winooski v. Martin, 134 Vt. 617, 365 A.2d 986 (1976).

Appeal dismissed.

City of Winooski v. Vincent
137 Vt. 252 402 A.2d 1192

Case Details

Name
City of Winooski v. Vincent
Decision Date
May 22, 1979
Citations

137 Vt. 252

402 A.2d 1192

Jurisdiction
Vermont

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