TOWN OF DORSET v. FAUSETT

No. 34-74.

346 A.2d 200 (1975)

TOWN OF DORSET v. William Dean FAUSETT.

Supreme Court of Vermont.

October 7, 1975.


Attorney(s) appearing for the Case

Whalen & O'Dea, Manchester Center, for plaintiff.

Frederick Pope, Jr., Brattleboro, for defendant.

Before BARNEY, C. J., SMITH, DALEY and LARROW, JJ., and KEYSER, J. (Ret.), specially assigned.


DALEY, Justice.

The defendant appeals from a judgment of the Bennington Superior Court ordering him to remove portions of his private wall which it found to be within a public highway. In addition to the order of removal, the defendant was permanently enjoined from further obstructing the highway right-of-way. The plaintiff, by cross appeal, challenges so much of the judgment as compels it to pay to the defendant damages for the value of the wall to be removed. Both...

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