THOMAS v. CLARK

No. 196-74.

346 A.2d 189 (1975)

Loren A. THOMAS and Shirley R. Thomas v. Karl CLARK.

Supreme Court of Vermont.

October 7, 1975.


Attorney(s) appearing for the Case

Garfield H. Miller, of Black & Plante, White River Junction, for plaintiffs.

George Wenz, White River Junction, for defendant.

Before SMITH, DALEY, LARROW, and BILLINGS, JJ., and SHANGRAW, C. J. (Ret.), Specially Assigned.


BILLINGS, Justice.

In dispute is a Windsor Superior Court decision that the development of a spring on a servient estate subsequent to the grant by deed of the spring rights themselves cannot serve to deprive the owner of the dominant estate of his right to use the newly developed spring.

The trial court's findings of fact, unchallenged on appeal, disclose that the defendant, Karl Clark, acquired by deed dated December 16, 1970, a small parcel of land in Sharon...

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