CHOQUETTE v. PERRAULT

No. 82-318.

475 A.2d 1078 (1984)

Ernest CHOQUETTE and Louise Choquette v. Robert PERRAULT and Rose Perrault.

Supreme Court of Vermont.

March 2, 1984.


Attorney(s) appearing for the Case

Robert W. Davis and Richard C. White of Chimileski & White, Newport, for plaintiffs-appellees.

Robert R. Bent of Zuccaro & Willis, St. Johnsbury, for defendants-appellants.

John J. Easton, Jr., Atty. Gen., and William H. Rice, Asst. Atty. Gen., Montpelier, for State of Vermont.

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


UNDERWOOD, Justice.

Subliminally it might appear that the defendants are challenging the adage: Good fences make good neighbors. The issue they raise on appeal, however, is whether a provision of the Vermont fence laws, 24 V.S.A. § 3802, exceeds the police power of the state in compelling a landowner who has no livestock to contribute equally in building and maintaining a division fence to keep the abutting landowner's livestock from straying at large.

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