City of Winooski v. Vincent

402 A.2d 1192, 137 Vt. 252, 1979 Vt. LEXIS 976

Opinion

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.