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GRIFFITH v. NIELSEN

No. 236-81.

449 A.2d 965 (1982)

Edward D. GRIFFITH and Dorothy A. Griffith v. Olaf N. G. NIELSEN and Constance Nielsen.

Supreme Court of Vermont.

July 12, 1982.

Attorney(s) appearing for the Case

Bloomer & Bloomer, Rutland, for plaintiffs-appellants.

Diamond, Fox & Associates, P. C., Montpelier, for defendants-appellees.

Putter & Unger Associates, Montpelier, for amicus curiae, Town of Mt. Tabor.

Before BARNEY, C. J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.

BILLINGS, Justice.

Plaintiffs commenced a declaratory judgment action against defendants seeking the location of a right-of-way leading from Town Road 4 in Mount Tabor, Vermont, across lands of the defendants to lands of the plaintiffs. In addition, plaintiffs sought damages for interference with the use of the right-of-way and an injunction enjoining defendants from interfering with its future use. After court hearing, the trial court declared the location of the...

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