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MADKOUR v. ZOLTAK

No. 05-447.

924 A.2d 11 (2007)

2007 VT 14

Abraham J. MADKOUR, Brenda Madkour, Lester E. Moody, Virginia D. Moody, Jerry D. Goff, Betty-Jean Goff, Ralph B. Welsh, Jr. and Carol B. Welsh, as Trustees of the Carol B. Welsh Living Trust v. John ZOLTAK and Margaret Zoltak.

Supreme Court of Vermont.

March 2, 2007.

Attorney(s) appearing for the Case

Rodney E. McPhee and Michelle A. Kenny of Kenlan, Schwiebert & Facey, P.C., Rutland, for Plaintiffs-Appellants.

Kevin A. Rambold, Manchester Center, for Defendants-Appellees.

Present: DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ., and EATON, D.J., Specially Assigned.

¶ 1. JOHNSON, J.

Plaintiffs Madkours, Moodys, Goffs, Welshes, and Trustees of the Carol B. Welsh Living Trust (collectively, "neighbors") appeal a superior court order granting summary judgment to defendants, Zoltaks. Neighbors own parcels of land in Manchester, Vermont that once comprised the so-called Ames Farm. Zoltaks, who also own a parcel derived from the farm, seek to subdivide and develop the southern portion of their lands. Neighbors brought an action...

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