
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, May 15, 1990                   TAG: 9005150573
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A/4   EDITION: EVENING 
SOURCE: Associated Press
DATELINE: MONTPELIER, VT.                                LENGTH: Short

COURT GROUNDS TOWN'S BID TO TAX AIR SPACE

Slapping a tax on air isn't a well-grounded idea, Vermont's Supreme Court says.

The ruling Monday ended a legal tussle over air space between the cities of Winooski and Burlington.

Fed up with noisy planes from Burlington's airport, Winooski a few years ago sent Burlington a $90,222 property tax bill for use of Winooski air space.

William Wargo, who argued the case for Winooski, said the airport noise lowers the smaller city's property values.

But the Supreme Court ruled in Burlington's favor, upholding a judge's ruling that the tax couldn't be imposed on an "imaginary surface."

The court said federal law recognizes certain "imaginary surfaces" above the Earth's surface extending from runways, but they are not subject to taxation.

Moreover, the court said, the surfaces encroaching on Winooski's air space are established by the federal government, not by the city of Burlington.

The ruling eased a bit of tension in the Clavelle family.

Burlington Mayor Peter Clavelle grew up in Winooski and is the son of Raymond Clavelle, Winooski's longtime collector of delinquent taxes.

"In my heart I didn't feel it would pass, but with the judicial system you never know," the elder Clavelle said.

His son lauded Winooski for its creativity.

by CNB