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Terms Used In Vermont Statutes Title 17 Sec. 2687

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board of civil authority: means , unless otherwise provided by municipal charter, in the case of a town, the selectboard and town clerk and the justices residing therein; in the case of a city, the mayor, aldermen, city clerk, and justices residing therein; in the case of a village, the trustees, village clerk, and the justices residing therein; and, in any case, such suitable member or members of unrepresented or insufficiently represented political parties as may be appointed members of the board of civil authority under the provisions of section 2143 of this title. See
  • Candidate: means an individual who has taken any affirmative action to become a candidate for public office. See
  • filed: means deposited in the regularly maintained office of the official with whom the filing is to be made. See
  • Town: includes "city. See
  • Town clerk: means a town officer elected pursuant to section 2646 of this title or otherwise elected or appointed by law and performing those duties prescribed by 24 Vt. See

§ 2687. Appeal to Superior Court

Within five days after the declaration of the clerk, an aggrieved candidate may appeal to the Superior Court by giving a written notice to that effect to the other candidates who appeared before the board of civil authority. The original of the notice shall be filed with the county clerk. No entry fee shall be charged in these matters. The Superior Court shall immediately issue an order directing the town clerk to transmit to the county clerk all ballots, papers, and records affecting the appeal, and fixing a time for hearing in open court or before a referee not later than five days from the making of the order. The order shall be served upon the town clerk and all other candidates who have appeared before the board. A reference may be ordered upon any or all questions. At the time and place so fixed, the matter shall be summarily heard and determined and the costs taxed as in other civil actions. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 198 (Adj. Sess.), § 13.)