CHOQUETTE v. PERRAULT

No. 86-335.

569 A.2d 455 (1989)

Ernest and Louise CHOQUETTE v. Robert and Rose PERRAULT.

Supreme Court of Vermont.

October 27, 1989.


Attorney(s) appearing for the Case

Robert W. Davis, Newport, for plaintiffs-appellees.

Zuccaro, Willis and Bent, St. Johnsbury, for defendants-appellants.

Jeffrey L. Amestoy, Atty. Gen., and William H. Rice, Asst. Atty. Gen., Montpelier, for amicus curiae State of Vermont.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.


GIBSON, Justice.

Defendants appeal from a superior court decision holding them liable to plaintiffs for a share of the cost of a division fence erected by plaintiffs between the parties' properties pursuant to 24 V.S.A. chapter 109 (fence law). We reverse.

I.

In 1970, defendants bought fifty acres of wooded and unoccupied land in Newport and cleared two acres, upon which they built their home. Four years later, plaintiffs bought a 310-acre parcel...

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