TOWN OF NEWFANE v. WALKER

No. 92-236.

637 A.2d 1074 (1993)

TOWN OF NEWFANE v. John H. and Linda A. WALKER and Joseph L. and Dorothy Druke.

Supreme Court of Vermont.

December 17, 1993.


Attorney(s) appearing for the Case

J. Garvan Murtha and Richard C. Carroll of Kristensen, Cummings, Murtha & Stewart, P.C., Brattleboro, for plaintiff-appellee.

Joseph J. O'Dea, Manchester, for defendants-appellants.

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


MORSE, Justice.

Defendant landowners appeal from a superior court order permanently enjoining them from interfering with the public's use of the so-called Williamsville dam and swimming hole area and declaring that plaintiff Town owns the property in fee. We affirm in part and reverse in part.

This is one in a series of cases, and the second to be decided by this Court, involving the public's right of access to and use of the Williamsville swimming hole. In...

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