CABOT v. THOMAS

No. 84-236.

514 A.2d 1034 (1986)

Powell M. CABOT, Robert C. Cabot and Jocelyn Clark v. Robert G. THOMAS, William J. Thomas and R. Kent Ouimette.

Supreme Court of Vermont.

June 27, 1986.


Attorney(s) appearing for the Case

Law Offices of George E. Spear II, Swanton, for plaintiffs-appellees.

John H. Fitzhugh of Sheehey Brue & Gray, Burlington, for defendants-appellants.

Jeffrey L. Amestoy, Atty. Gen., and John H. Chase, Asst. Atty. Gen., Montpelier, for amicus curiae Vermont Agency of Environmental Conservation.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.


ALLEN, Chief Justice.

This is an appeal by defendants from a superior court order permanently enjoining them from "hunting, shooting, trapping, or entering upon" plaintiffs' marshlands beyond the normal low water line of Charcoal Creek. We modify the order and affirm it as modified.

The material facts in this case are undisputed. Plaintiffs and their immediate predecessors in title have owned a tract of marshland of approximately 360 acres near West Swanton...

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