Hinesburg Sand & Gravel Co. v. Town of Hinesburg
In Hinesburg Sand & Gravel Co. v. Town of Hinesburg, 135 Vt. 484, 380 A.2d 64 (1977), the Court found that the town's operation of the gravel pit was beyond the scope of its authority where the town processed and sold eight times more gravel for private sale than it used for public purposes, resulting in a $ 30,000 annual profit. Id.
Thus, it could not be said that this "activity of a grossly commercial nature" was a legally authorized activity or one that was incident or subordinate to a statutory duty. Id. at 486-87, 380 A.2d at 66.