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SWEEZEY v. NEEL

No. 2004-225.

904 A.2d 1050 (2006)

2006 VT 38

J. Kent SWEEZEY v. Hartley NEEL, Virginia Neel and Morristown Landowner's Association.

Supreme Court of Vermont.

May 5, 2006.

Attorney(s) appearing for the Case

Alan W. Cheever, J.

Robert F. O'Neill and Heather Rider Hammond of Gravel and Shea, Burlington, for Plaintiff-Appellee/Cross-Appellant.

Christopher D. Roy of Downs Rachlin Martin PLLC, Burlington, for Defendants-Appellants/Cross-Appellees.

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

REIBER, C.J.

¶ 1. This case concerns a longstanding dispute over plaintiff J. Kent Sweezey's encroachment upon a deeded easement traversing his property. Ultimately, the superior court allowed plaintiff to bend the easement around a new addition to his house and prohibited the easement's owner from using the right-of-way as an avenue for future development of the dominant estate. The easement's owner, a landowner's...

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