OKEMO MOUNTAIN, INC. v. TOWN OF LUDLOW

No. 98-498.

762 A.2d 1219 (2000)

OKEMO MOUNTAIN, INC., Vermont Department of Forests, Parks and Recreation v. TOWN OF LUDLOW, John Lysobey, et al.

Supreme Court of Vermont.

Motions for Reargument Denied September 6, 2000.


Attorney(s) appearing for the Case

John Lysobey, Pro Se, Ludlow, Appellant.

Richard H. Coutant of Salmon & Nostrand, Bellows Falls, for Appellee Okemo Mountain, Inc.

William H. Sorrell, Attorney General, Montpelier, and Ginny M. McGrath, Special Assistant Attorney General, Waterbury, for Appellee Department of Forests, Parks and Recreation.

Present: DOOLEY and MORSE, JJ., and ALLEN, C.J. (Ret.) and GIBSON, J. (Ret.), Specially Assigned.


DOOLEY, J.

Property owner John Lysobey1 appeals from a superior court decision, claiming that the court erred in holding that he does not have a right to use Okemo Mountain Road in the winter, although the road provides the only access to his property. On appeal, he claims that he has an easement over Okemo Mountain Road either by explicit reservation in a 1935 deed or by necessity. He also contends that he has a common-law right to access...

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