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STATE v. THOMAS

Nos. 439-80, 440-80 and 441-80.

438 A.2d 400 (1981)

STATE of Vermont v. Robert Gene THOMAS. STATE of Vermont v. Rudolph Kent OUIMETTE. STATE of Vermont v. William John THOMAS.

Supreme Court of Vermont.

November 3, 1981.

Attorney(s) appearing for the Case

David G. Miller, Franklin County State's Atty., and Marianne Lipscombe, Deputy State's Atty., St. Albans, for plaintiff.

John J. Easton, Jr., Atty. Gen., and John H. Chase, Sp. Asst. Atty. Gen., Montpelier, for amicus curiae Water Resources Bd.

Law Offices of George E. Spear, II, Swanton, for amici curiae landowners Cabot and Clark.

Sheehey & Brue, Burlington, for Thomas.

Farrar & Counos, St. Albans, for Ouimette.

Before BARNEY, C. J., BILLINGS, HILL and UNDERWOOD, JJ., and DALEY, J. (Ret.), Specially Assigned.

BARNEY, Chief Justice.

This is an interlocutory appeal granted pursuant to V.R.A.P. 5(b) to determine controlling questions of law embodied in the defendants' request to charge. The request concerned the limits of ownership of lake shore land as it meets the water's edge on Lake Champlain. Such littoral boundaries require recognition of the fluctuations in water level of Lake Champlain, and the public's right to use the waters overlying the land between the ordinary...

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