FLETCHER v. FERRY

No. 05-295.

917 A.2d 937 (2007)

2007 VT 8

Howard FLETCHER v. Henry W. FERRY.

Supreme Court of Vermont.

February 2, 2007.


Attorney(s) appearing for the Case

Edward M. Kenney of Roesler, Whittlesey, Meekins & Amidon, Burlington, for Plaintiff-Appellee.

Paul S. Gillies of Tarrant, Marks & Gillies, Montpelier, for Defendant-Appellant.

Present: REIBER, C.J., JOHNSON, SKOGLUND and BURGESS, JJ., and CRAWFORD, Supr. J., Specially Assigned.


¶ 1. JOHNSON, J.

The case before us arose out of a dispute over a right-of-way that defendant Ferry claims over plaintiff Fletcher's property. Both parties are unhappy with the trial court's decision. Defendant appeals the location of the right-of-way, as found by the court, and plaintiff cross-appeals, contending the right-of-way was extinguished by merger. We agree with plaintiff that the trial court erred in failing...

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