BERGE v. STATE

No. 05-437.

915 A.2d 189 (2006)

2006 VT 116

David BERGE v. STATE of Vermont.

Supreme Court of Vermont.

November 9, 2006.


Attorney(s) appearing for the Case

Robert A. Gensburg of Gensburg, Atwell & Broderick, St. Johnsbury, for Plaintiff-Appellant.

William H. Sorrell, Attorney General, and Jacob A. Humbert, Assistant Attorney General, Montpelier, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1. DOOLEY J.

Plaintiff David Berge appeals from a summary judgment of the Washington Superior Court rejecting his claim to an easement by necessity on the ground that his property was accessible by navigable water. For the reasons set forth below, we disagree with the trial court ruling, and accordingly reverse and remand for further proceedings.

¶ 2. The material facts are not in dispute. In 1959, Florence Davis subdivided her estate, conveying...

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