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NOBLE v. KALANGES

No. 04-437.

886 A.2d 767 (2005)

2005 VT 101

Denise A. NOBLE, et al. v. William C. KALANGES.

Supreme Court of Vermont.

August 26, 2005.

Attorney(s) appearing for the Case

Christopher J. Smart, Montpelier, for Plaintiffs-Appellants.

Mark L. Sperry of Langrock Sperry & Wool, LLP, Burlington, for Defendant-Appellee.

Present: REIBER, C.J., JOHNSON and SKOGLUND, JJ., and HAYES, SUPR. J. and GREARSON, D.J., Specially Assigned.

JOHNSON, J.

¶ 1. In this appeal, we consider whether plaintiffs have the right to prevent defendant from developing his property, which at one time was designated on a subdivision plat as "reserved" for an elementary school. Plaintiffs argue that because their deeds reference the subdivision plat, they acquired an implied easement that limited the use of the site to a school. Alternatively, they argue that through a...

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