COM. FEED STORE v. NORTHEASTERN CULVERT

No. 86-224.

559 A.2d 1068 (1989)

COMMUNITY FEED STORE, INC. v. NORTHEASTERN CULVERT CORPORATION.

Supreme Court of Vermont.

Motion for Reargument Denied February 16, 1989.


Attorney(s) appearing for the Case

J. Eric Anderson of Fitts, Olson, Carnahan, Anderson & Bump, Brattleboro, for plaintiff-appellant.

Jean Anne Kiewel, Bellows Falls, for defendant-appellee.

Before ALLEN, C.J., PECK, GIBSON and DOOLEY, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


GIBSON, Justice.

Plaintiff brought an action claiming a prescriptive easement over a portion of defendant's land. The trial court rejected the claim and, instead, entered judgment for defendant on its counterclaim for ejectment, from which plaintiff appeals. We reverse.

I.

Plaintiff operates a small wholesale and retail animal feed business in Westminster Station, Vermont. Defendant is a neighboring business which owns the land adjacent to that upon...

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