KELLY v. TOWN OF BARNARD

No. 88-268.

583 A.2d 614 (1990)

Byron K. KELLY, Sr., Byron K. Kelly, Jr., and Jeffry C. Kelly v. TOWN OF BARNARD, John Genco and Ruth Genco.

Supreme Court of Vermont.

October 19, 1990.


Attorney(s) appearing for the Case

Bourdon & Cullen, Woodstock, for plaintiffs-appellees.

Rexford & Kilmartin, Newport, for defendants-appellants.

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


PECK, Justice.

Defendants, John and Ruth Genco, appeal a superior court order granting summary judgment in favor of plaintiffs who claim that a road crossing defendants' property is a public road. We affirm.

On appeal, defendants, the Gencos, raise a host of challenges. The two primary claims are (1) that the trial court erred in granting summary judgment because genuine issues of material fact existed and because the legal theory applied by the court was...

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