John J. Trybulski v. Bellows Falls Hydro-Electric Corporation

Summary

The Supreme Court of Vermont affirmed the public service commission's dismissal, for lack of jurisdiction, of a petition seeking assessment of damages for erosion and flood injury allegedly caused by the operation of Bellows Falls Hydro-Electric Corporation's dam on the Connecticut River. Holding that adjudicating a claim for reparation for past injuries is a judicial function reserved to the courts under the separation-of-powers provision of the Vermont Constitution, the Court construed P.L. 6091 as not transferring to the commission the Windham County Court's charter-based jurisdiction to assess compensation. No separate writings were filed.