CONVERSE v. TOWN OF CHARLESTON

No. 90-377.

605 A.2d 535 (1992)

Ralph F. and Rosa L. CONVERSE v. TOWN OF CHARLESTON.

Supreme Court of Vermont.

March 6, 1992.


Attorney(s) appearing for the Case

Steven A. Adler of Gensburg Axelrod & Adler, St. Johnsbury, for plaintiffs-appellants.

David A. Barra and Joseph R. Weston of Paul, Frank & Collins, Inc., Burlington, for defendant-appellee.

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


ALLEN, Chief Justice.

Plaintiff property owners appeal from a directed verdict, based on res judicata, for defendant Town of Charleston. We reverse and remand to permit plaintiffs to seek damages for the town's alleged breach of duty to properly maintain the road in question from the date of an earlier action against a neighbor.

Plaintiffs purchased property in Charleston in 1970. A neighbor, believing that he owned the road that provided access to plaintiffs...

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