CUPOLA GOLF COURSE, INC. v. DOOLEY

No. 05-081.

898 A.2d 134 (2006)

2006 VT 25

CUPOLA GOLF COURSE, INC. and John Larkin v. John A. DOOLEY III and Sandra A. Dooley.

Supreme Court of Vermont.

April 14, 2006.


Attorney(s) appearing for the Case

Liam L. Murphy and Pamela A. Moreau of Murphy Sullivan Kronk, Burlington, for Plaintiffs-Appellees.

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

Present: BARNEY, C.J. (Ret.), and DIER (Ret.), MARTIN (Ret.) and MALONEY (Ret.), Supr. JJ., and McCAFFREY, D.J. (Ret.), Specially Assigned.


¶ 1. PER CURIAM.

This litigation is about the protection of a view, in particular, the view from the living room windows of the home of defendants John and Sandra Dooley ("Homeowners"). Homeowners' lot slopes steeply from west to east. The street level of the residence, facing west on East Terrace Street, becomes the second-floor level of the residence. Homeowners' living room windows, located on this second-floor level, frame a view toward the east. Looking...

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