Selectboard Acted Properly Discontinuing Dead-end Road; Residents May Not Recover Damages.

The Town of St. George Selectboard discontinued (or “threw up”) Winterbottom Road, then a class 3 town highway, in 2016.  The Selectboard’s actions were based primarily on the costs of maintenance, the fact that only seven homes were located on the dead-end road, and the fact that most residential … [Read more...]

SP&F Assists Jeffersonville in Floodplain Protection Property Acquisition

On September 29th, Stitzel, Page & Fletcher attorneys, working on behalf of the Village of Jeffersonville, closed on the Village’s purchase of a 4.2-acre, more or less, parcel of land lying at the southwesterly corner of the intersection of Vermont Routes 15 and 108. The highly visible property … [Read more...]

U.S. District Court for the District of Vermont Allows a Private Nuisance Claim Against Operational Wind Project

Vermont’s federal district court, in Brouha v. Vermont Wind, LLC, denied a motion to dismiss a landowner’s private nuisance claim against the owners of the Sheffield Wind Project, an operating wind project holding a Certificate of Public Good from the Public Service Board (“PSB”). As discussed … [Read more...]

Vermont Supreme Court Clarifies Statute of Limitations for Preventing Adverse Possession and Calculation of Statutory Charitable Use Exemption Period

In Mahoney v. Tara, LLC, 2014 VT 90, the Mahoney family claimed title by adverse possession to a seventy-five-foot portion of beach frontage on Lake Champlain. The Mahoneys first began occupying the beach in 1949 and eventually purchased it in 1976. The current record owner of the property, which … [Read more...]

Removal of Houses Near Airport Does Not Require Site Plan Review

George Maille is a longtime resident of South Burlington, with a home located on Logwood Street in a neighborhood adjacent to Burlington International Airport. Since 1992, the City of Burlington (“BTV”), which owns the Airport, has been purchasing residential properties that are regularly subjected … [Read more...]