JOHN LARKIN, INC. v. MARCEAU

No. 07-176.

959 A.2d 551 (2008)

2008 VT 61

JOHN LARKIN, INC. and Larkin Family Partnership v. J. Edward MARCEAU, Jr., D.D.S.

Supreme Court of Vermont.

May 2, 2008.


Attorney(s) appearing for the Case

Christina A. Jensen of Lisman, Webster & Leckerling, P.C., Burlington, for Plaintiffs-Appellants.

Christopher D. Roy of Downs Rachlin Martin P.L.L.C., Burlington, for Defendant-Appellee.

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


JOHNSON, J.

¶ 1. Real estate developers, who sued a neighboring landowner for trespass based on the neighbor's spraying of pesticides in his apple orchard, appeal the superior court's decision rejecting their trespass theory. Because the developers failed to make a showing sufficient to survive the neighbor's motion for summary judgment, we affirm the court's judgment in favor of the neighbor.

¶ 2. Plaintiffs...

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