NEWFANE- A Windham Superior Court judge has denied the state’s motion to dismiss an education funding lawsuit filed by the town of Whitingham and two of its residents. 
In his decision, Judge Robert P. Gerety Jr. said the claims, which allege that the state has infringed on the plaintiffs’ rights under the Vermont Constitution, must be heard by the court.  “A just result requires developing a full factual record, based on evidence, not mere allegations, before assessing whether the statutes involved are violative of the Vermont Constitution.”