Town of Cavendish v. Vermont Public Power Supply Authority, 132-81
| Citation | 141 Vt. 144,446 A.2d 792 |
| Decision Date | 06 April 1982 |
| Docket Number | No. 132-81,132-81 |
| Parties | TOWN OF CAVENDISH v. VERMONT PUBLIC POWER SUPPLY AUTHORITY. |
| Court | United States State Supreme Court of Vermont |
Paul, Frank & Collins, Inc., Burlington, and Sarah E. Vail, Chester, for plaintiff.
Paterson, Walke & Pratt, P. C., Montpelier, for defendant.
Before BARNEY, C. J., BILLINGS, HILL and UNDERWOOD, JJ., and DALEY, J. (Ret.), Specially Assigned.
The Town of Cavendish appeals from an order of the Public Service Board dismissing its petition for declaratory relief against the defendant-appellee Vermont Public Power Supply Authority. We affirm.
On October 23, 1980, the Town filed a petition with the Board seeking a declaratory ruling concerning three actions of the defendant Authority. First, the Town challenged a $6,000,000 loan obtained by the Authority as improper under 30 V.S.A. § 108(a). Second, the petition attacked the validity of a contract signed by the Authority, which provided for the purchase of forty per cent ownership in the proposed Black River Hydro Electric Project. Third, the Town alleged that the Authority violated its enabling legislation in granting member status to the Town of Springfield. The petition requested a temporary restraining order, and a declaration that each of the challenged actions was invalid.
On February 18, 1981, the Public Service Board denied the petition for injunctive and declaratory relief. The Board held that the Town's petition did not raise an actual controversy between the plaintiff and the Authority. The Board also denied declaratory relief on discretionary grounds. It held that the Town had other forums to pursue its grievances. Furthermore, any decision on the Black River project would not redress the Town's claims, as the project could be built by other parties despite the declaratory relief.
The issues have narrowed on appeal. First, the appellant does not challenge the denial of a temporary restraining order. Second, this Court's decision in In re Vermont Public Power Supply Authority, 140 Vt. 424, 440 A.2d 140 (1981), has mooted the appellant's claims in reference to the $6,000,000 loan. In that case, we held that the Town of Cavendish could intervene as a matter of right in separate proceedings to determine the validity of the loan. See Id. at ---, 440 A.2d at 140. The once live controversy has dissipated. Therefore, we decline to adjudicate this portion of the Town's appeal on the ground of mootness. In re J.S., 139 Vt. 6, 14, 420 A.2d 870, 874 (1980); Mangan's Admx. v. Smith, 116 Vt. 401, 403, 78 A.2d 12, 13 (1951); see Vt.Const. ch. II, § 30 ().
The remaining issues in the case concern the Town's attack on the Black River Hydro Project and the membership of Springfield in the Authority. On these matters, we conclude that the Board correctly dismissed the Town's petition, because, as a matter of law, the petition failed to allege injury sufficient to confer standing on the Town. Therefore, we do not address the alternative grounds for dismissal relied upon by the Board.
The Public Service Board has the authority to issue declaratory rulings by virtue of 3 V.S.A. § 808. The authority under this section is, however, circumscribed. Declaratory judgments under this section may not test the validity of administrative or statutory provisions. Rather, the Board is restricted to deciding the applicability of such authorities to a particular set of facts. In re State Aid Highway No. 1, Peru, Vermont, 133 Vt. 4, 7, 328 A.2d 667, 669 (1974). Furthermore, administrative declaratory judgments are "essentially similar procedures [as] declaratory judgments" in courts. Id. at 8, 328 A.2d at 669. Thus, general restrictions on the power to issue declaratory relief govern the disposition of petitions under 3 V.S.A. § 808.
Every petition for declaratory relief must satisfy an initial burden: there must be an actual controversy between the parties to...
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