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TOWN OF SOUTH HERO v. WOOD

No. 04-387.

898 A.2d 756 (2006)

2006 VT 28

TOWN OF SOUTH HERO v. James WOOD, David Fifield, Joyce Fifield, Hal Woods, Stephanie Woods and Harlow Frechette, Jr.

Supreme Court of Vermont.

April 7, 2006.

Attorney(s) appearing for the Case

Paul S. Gillies of Tarrant, Marks & Gillies, Montpelier, for Plaintiff-Appellee/Cross-Appellant.

Roger E. Kohn of Kohn & Rath, LLP, Hinesburg, for Defendants-Appellants/Counterclaim Plaintiffs-Appellants.

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

SKOGLUND, J.

¶ 1. This case turns on the ever-changing location of East Shore Road, a town road that runs along Knee Deep Bay in South Hero, Vermont. Over time, Lake Champlain has eroded the shoreline, and plaintiff Town of South Hero has responded by moving the road further inland onto defendants' land. In 2000, the Town sought a declaratory judgment as to the existence, location, and width of the road, and defendants—the four landowners on whose properties...

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