CLARK v. AQUA TERRA CORPORATION

No. 82-73.

329 A.2d 666 (1974)

Lockwood L. CLARK and Claire B. Clark v. AQUA TERRA CORPORATION.

Supreme Court of Vermont, Grand Isle.

December 3, 1974.


Attorney(s) appearing for the Case

James D. Foley, Yandell, Page & Archer, Burlington, for plaintiffs.

Daniel J. Lynch, Kissane & Heald Associates, St. Albans, for defendant.

Before BARNEY, C. J., SMITH, KEYSER and DALEY, JJ., and SHANGRAW, C.J. (Ret.), Assigned.


BARNEY, Chief Justice.

This is a dispute concerning a right-of-way overland to a lighthouse. The position of the defendant would cut off all access except by water or over winter ice. The trial court, after hearing, made findings and, by order, established a right-of-way in the plaintiffs by prescription, based on more than fifteen years of adverse use. A permanent injunction barring interference by the defendant corporation was issued, and appealed here.

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