1. Home
  2. Browse Decisions
  3. A.2d
  4. 494 A.2d
  5. 494 A.2d 122 (1985)
 

ASS'N OF HAYSTACK PROPERTY v. SPRAGUE

No. 83-222.

494 A.2d 122 (1985)

ASSOCIATION OF HAYSTACK PROPERTY OWNERS, INC., Henry J. & Shirley Banach, et al. v. Peter SPRAGUE and Herbert Hart, J. Gordon Phillips, Sheldon T. James, Jr., and W. Thompson Cullen.

Supreme Court of Vermont.

Reargument Denied April 18, 1985.

Attorney(s) appearing for the Case

R. Bruce Freeman, Wilmington, for plaintiffs-appellants.

Manchester & O'Neill, Burlington, for defendant-appellee Sprague.

Robert B. Hemley and Norman Williams of Gravel, Shea & Wright, Ltd., Burlington, for defendant-appellee Hart.

Before HILL, UNDERWOOD, PECK and GIBSON, JJ., and DALEY, J. (Ret.), Specially Assigned.

PECK, Justice.

This is an appeal by plaintiffs in a certified class action from an order of the Windham Superior Court granting defendants' motion to dismiss plaintiffs' amended complaint1 for failure to state a claim upon which relief may be granted. V.R.C.P. 12(b)(6). We agree with the plaintiffs that, in this case, it was error to dismiss plaintiffs' claim on the pleadings; accordingly, we reverse.

In reviewing the lower court...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases