John H. Fitzhugh, Esquire John H. Fitzhugh Esquire. The decision is one of the most sweeping constitutional interpretations ever by Vermont's highest court.
Some background is helpful.
Plaintiffs in this case challenged on federal and state constitutional grounds the method by which public schools were financed in Vermont. Specifically the plaintiffs, who included several children and parents from three different school districts, argued that reliance on town property taxes to finance education resulted in an unconstitutional disparity in public education in Vermont, because some towns had greater resources than others to devote to education. The court did not impose a remedy, but reserved jurisdiction to consider whatever the legislature might enact. The Brigham decision is available for all to read. It has been examined and reexamined by lawmakers and their counsel at the Statehouse.