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TRICKETT v. OCHS

No. 01-311.

838 A.2d 66 (2003)

2003 VT 91

George and Carole TRICKETT v. Peter and Carla OCHS.

Supreme Court of Vermont.

Motion for Reargument Denied November 6, 2003.

Attorney(s) appearing for the Case

Paul S. Gillies of Tarrant, Marks & Gillies, Montpelier, for Plaintiffs-Appellants.

Peter F. Langrock and Abby C. Moskovitz of Langrock Sperry & Wool, LLP, Middlebury, for Defendants-Appellees.

William H. Sorrell, Attorney General, and Michael O. Duane, Assistant Attorney General, Montpelier, for Amicus Curiae State of Vermont.

Present: AMESTOY, C.J., JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.) and GIBSON, J. (Ret.), Specially Assigned.

SKOGLUND, J.

¶ 1. Plaintiffs George and Carole Trickett brought this nuisance and trespass action against their neighbors, Peter and Carol Ochs, alleging that defendants' operation of an apple orchard interfered with plaintiffs' use and enjoyment of their land and caused them emotional distress. Following an evidentiary hearing on plaintiffs' request for injunctive relief, the Addison Superior Court dismissed the action based upon its conclusions that defendants...

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