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COTY v. RAMSEY ASSOCIATES, INC.

No. 85-399.

546 A.2d 196 (1988)

Victor and Mary COTY, Donald and Dorothy Nelson d/b/a Stowe Country Shop and Anton and Pamela Flory d/b/a Die Alpen/Rose Motel v. RAMSEY ASSOCIATES, INC.; Normand Ramsey and Raymond Ramsey.

Supreme Court of Vermont.

Motion for Reargument Denied March 17, 1988.

Attorney(s) appearing for the Case

Harold B. Stevens of Stevens & Vogl, Stowe, for plaintiffs-appellees.

Robert D. Rachlin and Michael J. Gannon of Downs, Rachlin & Martin, Burlington, and Peter L. Murray and Thomas C. Newman of Murray, Plumb & Murray, Portland, Me., for defendants-appellants Ramsey Associates, Inc., and Normand Ramsey.

William B. Gray and Michael O. Hill of Sheehey, Brue & Gray, Burlington, for defendant-appellant Raymond Ramsey.

Before PECK and DOOLEY, JJ., BARNEY, C.J. (Ret.), KEYSER, J. (Ret.) and COSTELLO, District Judge (Ret.), specially assigned.

PECK, Justice.

In the underlying nuisance action, plaintiffs alleged that defendants had established a highly offensive pig farm on a parcel of land in Stowe in retaliation for their opposition to a motel that defendants had planned to build on the site. Plaintiffs were residents and small business proprietors owning land immediately adjoining or across the road from the farm.

The suit was based on theories of nuisance...

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