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STATE v. CENTRAL VERMONT RY., INC.

No. 87-607.

571 A.2d 1128 (1989)

STATE of Vermont and City of Burlington v. CENTRAL VERMONT RAILWAY, INC.

Supreme Court of Vermont.

December 22, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and J. Wallace Malley, Jr., Asst. Atty. Gen., Montpelier, for plaintiff-cross-appellant State of Vt.

John L. Franco, Jr., Asst. City Atty., Burlington, for plaintiff-cross-appellant City of Burlington.

Fred I. Parker, Liam L. Murphy and Neal D. Ferenc, Law Clerk (on the brief), of Langrock Sperry Parker & Wool, Burlington, for defendant-appellant.

Stephen Dycus and Richard O. Brooks, Professors, and Peter Anthony and Barbara Grabowski, Law Students, South Royalton, for amicus curiae Environmental Law Center.

Before ALLEN, C.J., PECK, J., BARNEY, C.J. (Ret.), SPRINGER, District Judge (Ret.) and COSTELLO, District Judge (Ret.), Specially Assigned.

PECK, Justice.

At issue in this case is title to a 1.1 mile strip of filled lands lying along the City of Burlington's waterfront. In response to recent efforts by Central Vermont Railway (CVR) to sell this property to a real estate developer, the City and the State challenged CVR's title in the Chittenden Superior Court, invoking the public trust doctrine. The court concluded that CVR has fee simple title to the parcel at issue but held that the land must always...

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