Section 5364 states that a town may be indicted by the grand jury if the town selectmen fail to repair the fence around a cemetery. These matters also could be prosecuted by a State's Attorney or the Attorney General without a grand jury. Of course, these state officers have wide discretion as to what cases will be prosecuted. Many of the cemetery laws may give rise to civil causes of action that could be brought in the courts in order to ensure compliance with the laws. Civil actions brought on behalf of the state are normally brought by the Attorney General's Office.
Some statutes authorize private individuals to file a civil action.
As noted above, Section 5365 authorizes a person or estate to bring a civil action against a town if certain damage is caused to property. There are also numerous other legal remedies available in which private individuals can seek either to compel or to stop the actions of state officials. We would urge any individual who is considering legal action to consult an attorney before doing so, to receive advice as to which of several courses of action would best meet that individual's specific needs. Return to top of this page Vermont Municipal Monthly to return, on-line Vermont Municipal Monthly will resume publication in January. In its new incarnation, it will be an Internet publication, posted on our World Wide Web site.